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A taxpayer inquired about the taxation of an increase in expropriation compensation and late payment interest received following a court ruling. The Directorate General for Taxes (DGT) ruled that both concepts constitute capital gains and explained the timing for their declaration.
Cuestión planteada Calificación e imputación temporal.
El aumento del justiprecio es una ganancia patrimonial que se imputa al periodo en que la resolución judicial adquiere firmeza. Los intereses de demora, al tener carácter indemnizatorio, también tributan como ganancias patrimoniales y su alteración patrimonial ocurre cuando se cuantifican y acuerda su abono. Ambas cantidades se integran en la base imponible del ahorro.
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