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A company asks whether it must issue an invoice for work performed but unpaid, and whether it must declare it. The DGT indicates that if more than one year has passed since accrual, the right to charge the tax to the customer is lost.
Cuestión planteada Si debe emitir factura por los trabajos pendientes y en su caso si ésta debe ser objeto de declaración.
El devengo del impuesto ocurre cuando se prestan los servicios, independientemente de cuándo se cobre. Si no se ha expedido factura, el derecho a repercutir el IVA al destinatario caduca al transcurrir un año desde la fecha de devengo. No obstante, el destinatario puede aceptar voluntariamente soportar la repercusión aunque el derecho del sujeto pasivo haya caducado.
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