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A lawyer inquired whether their services provided under the legal aid scheme are subject to VAT. The Directorate-General for Taxes (DGT) has changed its previous stance, determining that these services are onerous because the Administration pays a fee, meaning they must be taxed at 21%.
Cuestión planteada Sujeción de las operaciones objeto de consulta al Impuesto sobre el Valor Añadido.
Los servicios prestados por abogados y procuradores en el marco de la asistencia jurídica gratuita están sujetos y no exentos de IVA. Al ser la Administración Pública quien realiza el pago, la operación tiene carácter oneroso. Se debe aplicar el tipo impositivo general del 21 por ciento al beneficiario de la prestación.
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