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V2988-23 14 November 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · intereses de demora

Rectification of Personal Income Tax and Savings and Investment Tax may be requested following the reimbursement of excess late payment interest received

An heir inquires about the taxation of the reimbursement of late payment interest from an expropriation that her father received in excess. The DGT explains that this allows for the rectification of both Inheritance Tax and the deceased's Personal Income Tax.

The question raised

Issue raised: Taxation of the reimbursement.

The DGT's ruling

The reimbursement of excess late payment interest constitutes a reduction of the estate, allowing for the rectification of the Inheritance and Gift Tax self-assessment. Regarding Personal Income Tax, as these are compensatory interests, they are taxed as capital gains; therefore, the reimbursement does not affect the current tax year, but rather requires the rectification of the self-assessment in which they were originally included as income.

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