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A local council has requested clarification on whether compensation paid to contractors for the suspension of services during the COVID-19 state of alarm is subject to VAT. The Directorate-General for Taxes (DGT) has ruled that these amounts should not be included in the tax base.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de dichas indemnizaciones.
Las cantidades abonadas en concepto de indemnizaciones por daños y perjuicios, según el Real Decreto-Ley 11/2020, no constituyen contraprestación o compensación de entregas de bienes o prestaciones de servicios. Por su naturaleza y función, estas indemnizaciones no deben incluirse en la base imponible del Impuesto sobre el Valor Añadido.
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