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A company inquired whether an indemnity of 180,000 euros received through a settlement agreement (in which it waived the right to appeal a judgment) is subject to VAT. The DGT ruled that it is, as the agreement involves an obligation of conduct that constitutes a provision of services.
Cuestión planteada Sujeción al impuesto del importe percibido por la entidad consultante.
El importe recibido por el desistimiento irrevocable pactado se considera contraprestación de una prestación de servicios sujeta a IVA. Al suscribir el acuerdo, la entidad asume obligaciones específicas como renunciar a derechos, acciones legales o no realizar apelaciones. Este compromiso de adoptar una conducta a cambio de una contraprestación supone un acto de consumo en provecho de quien paga.
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