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A manager of a limited company, who is also a qualified lawyer, asks whether the legal services he provides to the company should be subject to VAT. The DGT responds that, as he is carrying out a professional legal activity, VAT must be charged.
Question raised: Whether the service provided is included within their role as director or within their professional legal activity. Whether fees and VAT must be accrued for those services.
Professional legal services are subject to VAT if performed independently and in exchange for remuneration. Given the relationship between the lawyer and the company, the taxable base shall be the normal market value if the requirements of Articles 78 and 79 of Law 37/1992 are met. The applicable rate shall be the general rate of 21 percent.
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