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V0488-22 ·10 March 2022 ·consulta-vinculante Medium impact
Tax

Lawyers must charge VAT to their clients rather than the losing party in legal costs

A lawyer has requested clarification on how to tax fees in a legal proceeding where costs are to be paid by a third party. The DGT clarifies that VAT must be charged to the client (the recipient of the service) and that Income Tax (IRPF) is governed by either the accrual or cash basis, depending on the specific professional activity.

In 6 key points

How it affects those involved

This ruling confirms that the obligation to charge VAT lies with the direct recipient of the legal service, regardless of whether the legal costs are ultimately recovered from the opposing party.

Lifecycle

2022-03-10PublishedPublished 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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