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A Council of Procurators queried whether monetary contributions to fund free legal assistance for victims of gender-based violence are subject to VAT. The Directorate-General for Taxes (DGT) ruled that, as these payments are made under the Legal Aid Act, they are compensatory in nature and do not constitute consideration subject to tax.
Cuestión planteada Si dicha aportación se encontraría sujeta al Impuesto sobre el Valor Añadido.
Los servicios prestados por procuradores en el marco de la Ley 1/1996 de Asistencia Jurídica Gratuita no están sujetos al IVA. Las cantidades percibidas por estos profesionales tienen carácter indemnizatorio para compensar su actuación obligatoria. Al no ser una contraprestación por una operación sujeta, no debe repercutirse el impuesto.
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