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An individual received the amount of their contributions to a housing cooperative plus interest from an insurer due to a breach of contract by the developer. The Directorate General for Taxes (DGT) ruled that while the principal does not generate a capital gain, the interest must be taxed as such.
Cuestión planteada Tributación en el IRPF del importe percibido (principal e intereses) y posible minoración de los honorarios del abogado.
La devolución del principal no supone ganancia o pérdida patrimonial al no haber variación en el patrimonio. Los intereses recibidos tienen carácter indemnizatorio y deben tributar como ganancia patrimonial, integrándose en la base imponible del ahorro si indemnizan un periodo superior a un año. No es posible minorar el importe de estos intereses con los honorarios de abogados.
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