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A taxpayer has enquired about the taxation of a refund for a property that was not delivered, including statutory interest and legal costs following a court ruling. The Directorate General for Taxes (DGT) clarifies that the repayment of capital does not generate a gain, while interest and legal costs are subject to specific tax treatments.
Cuestión planteada Tributación en el IRPF.
La devolución de las cantidades entregadas para la compra de una vivienda no constituye ganancia o pérdida patrimonial si hay identidad de importes. Los intereses legales por incumplimiento, al ser indemnizatorios, tributan como ganancias patrimoniales integradas en la base imponible del ahorro. Respecto a las costas, el vencedor puede deducir del importe recibido los gastos incurridos en el pleito para determinar la ganancia patrimonial real.
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