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A taxpayer inquired whether they could deduct legal expenses from interest received following a settlement with a bank. The Directorate General of Taxes (DGT) ruled that these interests constitute capital gains and do not allow for a reduction in their amount through such expenses.
Cuestión planteada Deducibilidad de los gastos de abogados de los intereses a declarar en el IRPF.
Los intereses indemnizatorios por incumplimiento de una obligación no son rendimientos del capital mobiliario, sino ganancias patrimoniales. Al no tratarse de una transmisión, la cuantificación de la ganancia es el importe de los intereses percibidos. Por tanto, según el artículo 34.1.b) de la Ley 35/2006, no pueden minorarse los honorarios de abogados de dicho importe.
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