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A company providing back-office services must pay penalties to its clients for errors or delays in quality. The DGT has determined that these penalties are not independent indemnities, but rather act as a reduction in the price of the service.
Cuestión planteada Tributación a efectos del Impuesto sobre el Valor Añadido de las penalizaciones descritas.
Las penalidades con finalidad coercitiva para asegurar el cumplimiento de obligaciones contractuales no son indemnizaciones exentas. Al no buscar resarcir un daño específico, sino incentivar la calidad y el plazo, forman parte indisociable del servicio. Por tanto, deben reducir la base imponible de la operación gravada, ya que representan un menor valor de la prestación.
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