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A taxpayer has enquired about the tax treatment of a compensatory pension payable to an ex-spouse following a divorce. The DGT has ruled that this payment allows the payer to reduce their general taxable base.
Cuestión planteada Tratamiento fiscal a efectos del Impuesto sobre la Renta de las Personas Físicas de la pensión compensatoria.
Las pensiones compensatorias satisfechas por decisión judicial pueden ser objeto de reducción en la base imponible. Para el obligado al pago, la pensión reduce la base imponible general sin que esta pueda resultar negativa. El exceso que no se pueda reducir podrá aplicarse a la base imponible del ahorro, sin que esta pueda resultar con signo negativo.
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