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V0268-23 ·15 February 2023 ·consulta-vinculante Medium impact
Tax

No new VAT credit note required for partial payment of a debt in insolvency proceedings

A professional inquired whether a new VAT credit note must be issued following a partial payment of a debt owed by a company in insolvency proceedings. The DGT ruled that neither an amendment to the taxable base nor a refund from the Tax Agency is required if the insolvency proceedings have not concluded due to the specific causes set out by law.

In 6 key points

How it affects those involved

This ruling provides legal certainty for creditors, confirming that partial recoveries in insolvency cases do not trigger the need for VAT adjustments or tax refunds unless the proceedings are formally concluded.

Lifecycle

2023-02-15PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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