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A local council has enquired whether payments received from a community of woods, following an agreement to withdraw an appeal, are subject to VAT. The Directorate-General for Taxes (DGT) has ruled that they are, as the payment constitutes consideration for the service of adopting a specific course of action (withdrawing the appeal).
Cuestión planteada Si dichas transferencias se encuentran sujetas al Impuesto sobre el Valor Añadido.
El pago recibido por el Ayuntamiento constituye la contraprestación de una prestación de servicios consistente en desistir formalmente de un recurso de apelación. Existe una relación directa entre el servicio prestado (adoptar una conducta jurídica específica) y la contraprestación recibida. Por tanto, la operación se realiza a título oneroso y está sujeta al IVA.
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