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A lawyer inquires whether VAT must be applied when collecting the court costs award imposed on the losing party. The DGT responds that the payment of costs constitutes compensation and not consideration for a service; therefore, there is no tax liability between the winning and losing parties.
Issue raised: Tax treatment of the court costs award.
The payment of the court costs award constitutes compensation for the expenses incurred by the winning party and not consideration for services. Consequently, the charging of VAT from the winning party to the losing party is not appropriate, nor is the issuance of an invoice for this purpose. Nevertheless, the professional must invoice their services with VAT to their client (the winning party), who is the true recipient of the service.
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