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V2088-20 ·23 June 2020 ·consulta-vinculante Medium impact
Tax

Tax treatment of legal services under contingency fee agreements with no positive outcome

A lawyer has requested clarification on whether VAT and Personal Income Tax (IRPF) apply when fees are only payable if the case is won. The Directorate General for Tax Affairs (DGT) ruled that there is no VAT liability as it does not constitute self-consumption, and the rule for valuing free services does not apply for Income Tax purposes.

In 6 key points

How it affects those involved

This ruling clarifies the tax implications for lawyers working on a contingency basis, confirming that unsuccessful cases do not trigger VAT or Income Tax liabilities related to the provision of free services.

Lifecycle

2020-06-23PublishedPublished 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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