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A taxpayer received a reimbursement from their professional indemnity insurance covering fees, penalties, and interest paid following an inspection caused by their advisor's malpractice. The Directorate General for Taxes (DGT) has ruled that this amount is not exempt income for personal injury, but rather a capital gain.
Cuestión planteada Tributación en el IRPF de los importes reintegrados.
El reintegro de importes por responsabilidad civil no constituye una indemnización exenta por daños personales, ya que responde a un perjuicio económico o patrimonial. Al no estar amparada por otra exención, la cuantía debe calificarse como ganancia patrimonial según el artículo 33.1 de la Ley del IRPF. Al no derivar de una transmisión, su cuantificación será el importe dinerario de la indemnización recibida.
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