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A taxpayer inquired whether travel expense reimbursements received after appearing as a witness in criminal proceedings should be taxed under IRPF. The Directorate General for Taxes (DGT) ruled that no income is generated, as the payment constitutes a reimbursement of expenses incurred on behalf of a third party.
Cuestión planteada Tratamiento de la indemnización en el IRPF.
La indemnización por gastos de viaje de un testigo no constituye renta en el IRPF si se considera un gasto por cuenta de un tercero (el órgano jurisdiccional). Para ello, el contribuyente no debe tener derecho al régimen de dietas exoneradas y los gastos deben tener por objeto poner a disposición del testigo los medios para realizar su labor testifical.
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