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A query was raised regarding whether fee collection conditioned on litigation success and variable amounts can be considered an installment transaction. The DGT ruled that, as it depends on contingent events and an uncertain amount, Article 11.4 of the LIS does not apply.
Cuestión planteada
Las operaciones a plazos requieren que el precio sea cierto en el momento de la operación. Si el derecho a cobrar y su cuantía dependen de hechos futuros, inciertos o contingentes, no se consideran operaciones a plazos según el artículo 11.4 de la LIS. En estos casos, se debe aplicar el criterio de imputación por devengo establecido en el artículo 11.1 de la LIS.
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