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A security company has enquired whether VAT should be applied to compensation received when clients terminate contracts before the agreed minimum term. The Directorate General for Taxes (DGT) has ruled that these amounts are not subject to VAT because they do not constitute consideration for a service, but rather compensation for damages.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de la indemnización descrita.
Las indemnizaciones por incumplimiento de un compromiso de permanencia no forman parte de la base imponible del IVA. Al no constituir una contraprestación o compensación por la entrega de bienes o servicios, no suponen un acto de consumo. Por tanto, no procede repercutir el impuesto sobre dichos importes.
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