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An association of companies enquired whether penalties imposed by the Administration on motorway concessionaires should reduce the VAT taxable base. The DGT ruled that, as these penalties serve a coercive rather than an indemnification purpose, they represent a reduction in the value of the service and must decrease the demand fee.
This ruling clarifies that contractual penalties applied in public works concessions must be deducted from the VAT taxable base, as they constitute a reduction in the consideration for the service provided.
The tax team reviews your specific situation.
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