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A query was raised regarding whether compensation received for the theft of leased machinery should be subject to VAT. The DGT ruled that, as it is not consideration for a service but rather compensation for damages, it does not form part of the taxable amount.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido.
Las cantidades percibidas por indemnizaciones no se incluyen en la base imponible si, por su naturaleza y función, no constituyen contraprestación de una operación sujeta al impuesto. Para determinarlo, debe analizarse si el importe busca retribuir un servicio o resarcir la pérdida de bienes o derechos. En este caso, la cuantía por robo tiene como fin reparar daños y perjuicios, no constituye un acto de consumo ni una prestación de servicios.
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