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A company transfers a client portfolio and agrees that, should any redundancies occur within the first six months, the transferor will bear the cost. A query is raised as to whether the re-invoicing of these redundancy payments by the transferee to the transferor must include VAT.
Cuestión planteada Tratamiento del pago de la indemnización por despido de la cedente a la cesionaria en el Impuesto sobre el Valor Añadido.
Los pagos por indemnizaciones por despido que la cesionaria paga y luego refactura a la cedente tienen carácter indemnizatorio. Al no constituir contraprestación o compensación por entregas de bienes o prestaciones de servicios, no integran la base imponible ni deben repercutir el IVA.
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