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An individual inquired whether VAT should be applied to compensation received for damage caused to their property's fencing by a tenant. The DGT ruled that, as the payment is compensation for damages rather than payment for a service, it is not subject to VAT.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de la indemnización descrita.
Las cantidades percibidas por indemnizaciones no forman parte de la base imponible del IVA si, por su naturaleza, no constituyen contraprestación o compensación de entregas de bienes o prestaciones de servicios. En este caso, la indemnización busca compensar daños y perjuicios en los bienes del consultante, por lo que no existe una relación de reciprocidad de prestaciones que deba tributar.
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