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An energy company has inquired whether it can recover VAT on invoices that remain unpaid by a company in insolvency proceedings, specifically regarding claims against the estate. The Directorate General for Taxes (DGT) has ruled that it is possible to adjust the taxable base in cases of uncollectible debts, provided all legal requirements are met.
This ruling provides clarity for creditors in insolvency proceedings, confirming that VAT can be recovered through the rectification of the taxable base when debts are deemed uncollectible.
The tax team reviews your specific situation.
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