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A query was made regarding the Personal Income Tax (IRPF) treatment of compensation received from an insurer due to a developer's failure to pay. The Directorate General for Taxes (DGT) ruled that the return of the principal does not generate a gain or loss, but the interest component is subject to tax.
Cuestión planteada Tributación en el IRPF del cobro de las cantidades aseguradas.
La devolución de las cantidades entregadas no supone ganancia o pérdida patrimonial al no haber variación en el patrimonio. Los intereses percibidos, al tener carácter indemnizatorio por incumplimiento, se califican como ganancia patrimonial. Estos intereses deben integrarse en la base imponible del ahorro según el artículo 49.1.b) de la Ley del IRPF.
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