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A company contributed real estate to another entity, but the transaction was rescinded following an insolvency clawback claim. The DGT ruled that this does not constitute a new supply of goods, but rather a rectification of the original transaction.
Cuestión planteada Modificación de la base imponible.
La resolución de la aportación no dineraria por una acción de reintegración concursal no constituye una nueva entrega de bienes, sino la restitución de derechos al titular originario. El sujeto pasivo debe rectificar las cuotas de IVA inicialmente repercutidas en la declaración-liquidación del periodo en que fueron declaradas. No procede la rectificación de las cuotas de los servicios de arrendamiento prestados previamente si estos se entendieron prestados conforme a derecho.
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