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V3092-15 14 October 2015 · SG de Impuestos sobre el Consumo Criterion in force
IVA · indemnización

Compensation for the early termination of a renting contract is not subject to VAT

A query is made as to whether compensation for the early cancellation of a vehicle renting contract must be subject to VAT. The DGT responds that, due to its compensatory nature, it does not constitute consideration for a service and is not subject to the tax.

The question raised

Question posed: Liability to Tax of said compensation.

The DGT's ruling

Amounts received as compensation are not included in the VAT taxable base if, by their nature and function, they do not constitute consideration or compensation for the supply of goods or the provision of services. Compensation for the early cancellation of a financial leasing contract is not a provision of services by the lessor, and therefore the tax should not be applied.

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