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A housing cooperative sought guidance on how to proceed following the cancellation of a development due to lack of funding, after having collected VAT-inclusive contributions from its members. The DGT ruled that, as the transaction has become void, the taxable base must be modified and the VAT charged must be rectified.
Cuestión planteada Modificación de la base imponible del Impuesto sobre el Valor Añadido.
La resolución total de la operación de compromiso de entrega de viviendas obliga a la modificación íntegra de la base imponible del IVA devengado por los pagos anticipados. La cooperativa debe expedir una factura rectificativa a los socios y reintegrarles el importe de las cuotas repercutidas. La rectificación de la cuota debe realizarse en el momento de la resolución, aplicando el tipo impositivo vigente cuando se efectuó la repercusión original.
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