How the DGT's position has evolved
Current position
Compensation for personal injury, including loss of earnings derived from it, is exempt pursuant to article 7.d) of the LIRPF (Personal Income Tax Law). However, compensation for property damage or legal costs is considered capital gains and must be included in the taxable base. In these cases, legal defense expenses may be deducted provided they do not exceed the amount of the compensation received.
The DGT's position does not show a linear evolution, but rather addresses the nature of the compensation according to its origin. The prohibition on applying exemptions by analogy is maintained, and a clear distinction is made between personal injury (exempt) and property damage or costs (taxable). The doctrine has specialized in the classification of income and the deductibility of associated expenses.
Turning points
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Confirms that the exemption for personal injury includes the quantification of loss of earnings set by a court.
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Specifies that compensation for property damage or costs constitutes capital gains and establishes the limit for the deduction of legal defense expenses.
Analysis based on 47 of 47 rulings with a stated position. Updated 15 September 2026.