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The taxpayer inquires about the taxation of legal costs awarded following a court ruling on floor clauses. The DGT rules that this amount is compensation that constitutes a capital gain.
Cuestión planteada Tributación de la condena en costas.
La condena en costas se considera una indemnización por el carácter restitutorio del gasto de defensa realizado por la parte vencedora. Al no derivar de una transmisión, la ganancia patrimonial se cuantifica por el propio importe indemnizatorio de la condena. Esta cantidad debe incorporarse a la base imponible como ganancia patrimonial según el artículo 33.1 de la Ley del IRPF.
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