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A query was raised regarding whether goodwill compensation following the termination of an agency contract is subject to VAT and Income Tax. The DGT has determined that such compensation constitutes consideration for services rendered; therefore, VAT must be charged and it must be taxed under Income Tax as income from economic activities, without entitlement to the 30% reduction.
Cuestión planteada Tributación de la indemnización en IVA e IRPF.
La indemnización por clientela del artículo 28.1 de la Ley 12/1992 constituye una contraprestación por servicios que suponen beneficios para el empresario, por lo que está sujeta a IVA. En IRPF, tributa como rendimiento de actividad económica y no permite la reducción del 30% por rendimientos irregulares, ya que no deriva del cese de actividad ni sustituye derechos económicos de duración indefinida.
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