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An insurance company has requested clarification on whether cash settlements paid to cover repair costs for claims are subject to VAT. The Directorate General for Taxes (DGT) has ruled that these amounts do not constitute consideration for services, but are rather compensation for damages, and therefore VAT should not be applied.
Cuestión planteada Sujeción de la indemnización abonada.
Las cantidades abonadas por una aseguradora para resarcir los costes de reparación de un siniestro tienen la consideración de indemnización. Al no constituir una contraprestación o compensación de entregas de bienes o prestaciones de servicios, no forman parte de la base imponible del IVA. Por tanto, no se debe repercutir el impuesto con ocasión del pago de dichos importes.
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