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A lawyer inquired whether she must issue VAT invoices to her clients for court costs to be paid by the losing party. The DGT ruled that since the client receives the service, the invoice and VAT must be addressed to them.
Cuestión planteada Se plantea por el consultante si debe expedir factura, con el impuesto incluido, a sus clientes, como consecuencia de la percepción de dichas costas.
El pago de costas por la parte perdedora es una indemnización que no conlleva IVA entre perdedor y ganador. Sin embargo, el abogado debe repercutir el IVA a su cliente, que es el verdadero destinatario de la prestación de servicios. Si el importe de la factura se modifica para ajustarse a las costas fijadas por el juez, se deberá emitir una factura rectificativa.
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