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A driving school inquired whether it should invoice the student or the company that will hire the student as a driver. The DGT ruled that the recipient is the creditor of the payment obligation, regardless of who makes the actual payment.
Cuestión planteada Si la consultante debe emitir las facturas haciendo constar como destinatario al alumno o a la sociedad.
El destinatario de la operación es la persona física o jurídica obligada frente al sujeto pasivo a efectuar el pago de la contraprestación, con independencia de quién realice el pago material. Si la empresa es la obligada al pago y el alumno solo recibe las clases por una relación de dependencia laboral, la empresa es la destinataria y se debe emitir factura rectificativa.
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