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A lawyer inquired whether VAT should be applied when collecting legal costs awarded against the losing party. The DGT ruled that the payment of costs constitutes compensation for the winning party rather than consideration for a service, and therefore is not subject to VAT.
Cuestión planteada Tratamiento en el impuesto de la condena en costas.
El pago de la condena en costas por la parte perdedora constituye una indemnización a la parte ganadora por los gastos incurridos. Al tener naturaleza indemnizatoria, no hay operación sujeta al IVA que sustente la repercusión del tributo entre las partes del proceso. No obstante, los servicios profesionales prestados a la parte ganadora sí están sujetos al impuesto y deben facturarse a dicha parte como destinataria del servicio.
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