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A taxpayer inquired about the taxation of judicial compensation received for construction defects in a property. The Directorate General for Taxes (DGT) ruled that it must be classified as a capital gain or loss.
Cuestión planteada Tributación de la indemnización en el IRPF.
La indemnización se considera una variación en el valor del patrimonio según el artículo 33.1 de la Ley 35/2006. Se computa la diferencia entre la cantidad percibida y la parte proporcional del valor de adquisición que corresponda al daño. Si la indemnización coincide con el coste de las reparaciones, no se produce ganancia o pérdida patrimonial.
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