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A company sought guidance on the necessary actions following a court ruling that rescinded urban development rights sale contracts signed in 2006. The DGT ruled that the company must issue credit notes and has a four-year period from the date of the judgment to rectify the VAT amounts.
Cuestión planteada Rectificación de las cuotas repercutidas.
La ineficacia total de una operación por sentencia judicial obliga a modificar la base imponible del IVA. El sujeto pasivo debe expedir y entregar facturas rectificativas al cliente cumpliendo los requisitos reglamentarios. La rectificación de las cuotas debe realizarse en un plazo de cuatro años desde que se produzca la circunstancia que motive la modificación. El tipo impositivo aplicable será el vigente en el momento de la operación original.
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