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A query was made regarding the tax implications of a court order for legal costs. The DGT has determined that the payment of legal costs constitutes compensation and is not subject to VAT. Furthermore, its deductibility for Income Tax purposes depends on whether the expense is linked to the economic activity or constitutes a capital loss.
Cuestión planteada Incidencia de esa condena en costas en la tributación por IVA e IRPF.
En IVA, el pago de costas es una indemnización que no constituye contraprestación, por lo que no hay repercusión del impuesto ni obligación de emitir factura. El obligado al pago debe abonar el importe total, incluido el IVA de los servicios prestados a la parte ganadora, pero no puede deducirlo. En IRPF, si el gasto se relaciona con la actividad económica, es deducible; si es de ámbito particular, constituye una pérdida patrimonial.
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