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V2825-17 2 November 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IVA · derecho a la deducción

Invoice requirements for VAT deduction and effects of legal costs awards

The applicant asks whether a pro forma invoice for legal fees allows for VAT deduction and its deductibility for Income Tax (IRPF) purposes. The DGT rules that the pro forma invoice analysed does not constitute a valid invoice due to the absence of mandatory data. Furthermore, if the payment arises from a legal costs award, there is no right to VAT deduction nor an obligation to issue an invoice.

The question raised

Validity of a pro forma invoice, corresponding to legal fees, for the purposes of VAT deduction and its deductibility for Personal Income Tax (IRPF).

The DGT's ruling

To deduct VAT, the document must be an invoice that complies with the requirements of Articles 6 or 7 of the Invoicing Regulations, and the specific designation "invoice" is not required. The pro forma invoice submitted is invalid due to the lack of an issuance number, full identification of the recipients, and a breakdown of the tax base and VAT for each. Furthermore, if the payment results from a legal costs award, it is compensatory in nature, meaning there is no transaction subject to VAT nor a right to deduction for the payer.

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