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An architect inquired whether they could deduct VAT on legal defence services paid by their insurer and how compensation for legal costs is taxed. The DGT ruled that VAT deductibility depends on the actual recipient of the service under the insurance contract, and that compensation for defence expenses constitutes income from professional activity.
Cuestión planteada Tributación en IVA e IRPF.
En el IVA, el destinatario del servicio será la entidad aseguradora o el consultante según los pactos contractuales; el destinatario podrá deducir el impuesto según las reglas generales. En el IRPF, los gastos de defensa jurídica por actuaciones profesionales cumplen el principio de correlación con los ingresos y son deducibles. La indemnización por estos gastos debe calificarse como rendimientos de la actividad económica.
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