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A query was raised regarding whether a lawyer should issue an invoice to the losing party after receiving the amount awarded in legal costs. The DGT ruled that the lawyer must invoice the winning party, as they are the recipient of the services, and that the payment of legal costs constitutes compensation not subject to VAT.
Cuestión planteada Se plantea por la consultante si debe su abogado expedirle factura con ocasión de la percepción del importe resultante de la condena en costas a la parte perdedora.
El abogado y procurador debe facturar sus servicios a la parte ganadora, que es la destinataria de la prestación, repercutiendo el IVA correspondiente. La parte perdedora debe abonar el importe de las costas determinado por el juez, incluyendo el IVA de los servicios prestados a la ganadora. El cobro de la condena en costas por la parte ganadora es una indemnización que no constituye una operación sujeta a IVA, por lo que no se debe emitir factura a la parte perdedora.
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