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A representative asks whether compensation received due to the termination of a service contract is subject to VAT. The DGT rules that the nature of the compensation determines its tax treatment.
Cuestión planteada Sujeción al Impuesto de la citada indemnización.
La indemnización por clientela tiene naturaleza de contraprestación por servicios y debe formar parte de la base imponible del IVA. Por el contrario, la indemnización por daños y perjuicios no supone contraprestación por ninguna operación sujeta al impuesto, por lo que no debe repercutirse el IVA.
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