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A professional inquired whether a City Council was obliged to bear the VAT on notary invoices delivered more than one year after the accrual date. The DGT ruled that the right to pass on VAT is lost if one year passes without the invoice being delivered.
Cuestión planteada Si el destinatario está obligado a soportar la cuota del Impuesto sobre el Valor Añadido repercutida.
El derecho a repercutir el IVA se pierde cuando ha transcurrido un año desde la fecha del devengo. Para que la repercusión sea válida, la factura debe ser expedida y entregada al destinatario dentro de ese plazo. No obstante, el destinatario puede aceptar voluntariamente soportar la repercusión extemporánea del impuesto.
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