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A taxpayer inquired whether compensation received following their mother's death due to negligence in a care home is exempt from Personal Income Tax (IRPF). The Directorate General of Taxes (DGT) ruled that, as the amount has not been legally or judicially recognised, the compensation must be taxed as a capital gain.
Cuestión planteada Tributación de la indemnización percibida.
Para que una indemnización por responsabilidad civil sea renta exenta, debe corresponderse con daños personales y su cuantía debe estar legal o judicialmente reconocida. La cuantía judicialmente reconocida incluye resoluciones de jueces o fórmulas intermedias con intervención judicial, como la transacción judicial. Si no se cumple este requisito, la indemnización se califica como ganancia patrimonial.
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