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A taxpayer inquired whether compensation received for economic damages caused by a negligent tax advisor is exempt from Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that it does not qualify as an exemption for personal injury, but rather as a capital gain.
Cuestión planteada Tributación de la indemnización en el IRPF.
La indemnización por responsabilidad civil contractual derivada de negligencia profesional no constituye una exención por daños personales. Al tratarse de un perjuicio económico o daño patrimonial, debe calificarse como ganancia patrimonial. Esta se integra en la base imponible general y su cuantificación corresponde al importe de la indemnización.
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