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A transport company has requested clarification on whether the reimbursement of expenses incurred by a client following an accident should be subject to VAT. The Directorate-General for Taxes (DGT) has ruled that, as the purpose is to compensate for damages, it does not constitute consideration and therefore does not form part of the taxable base.
Cuestión planteada Tratamiento del reembolso de los citados gastos a efectos del Impuesto sobre el Valor Añadido.
Las indemnizaciones por siniestros en bienes transportados no son una prestación de servicios y no integran la base imponible del IVA. El reembolso de gastos asociados al transporte para resarcir un daño tiene naturaleza indemnizatoria. Dicho reembolso debe corresponder al gasto real excluyendo el IVA deducible, salvo pacto en contrario que incluya cantidades superiores al gasto real.
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