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A tax advisor asks whether compensation agreed upon with a client following an error in their advice can be deducted as a business expense. The Directorate General of Taxes (DGT) rules that it is deductible, as it does not constitute a voluntary gift and is directly linked to the performance of the business activity.
Cuestión planteada Deducibilidad como gasto de la actividad de la indemnización.
La indemnización pagada por responsabilidad contractual es un gasto deducible en la determinación del rendimiento neto de la actividad profesional. Al no tratarse de donativos o liberalidades, el gasto se entiende producido en el ejercicio de la actividad por su correlación con los ingresos. Para su deducibilidad, debe estar convenientemente justificado mediante factura o documento sustitutivo y registrado en los libros obligatorios.
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