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A homeowners' association inquired whether it could recover its credit through the VAT accrued by a company in insolvency proceedings. The Directorate General for Taxes (DGT) ruled that the taxpayer is obliged to include the accrued amount in its tax return and make the corresponding payment.
Cuestión planteada Posibilidad de cobro del crédito con cargo al Impuesto sobre el Valor Añadido devengado por una operación en la que el sujeto pasivo es la sociedad concursada deudora de la consultante.
El sujeto pasivo de una operación sujeta y no exenta de IVA debe incluir la cuota devengada en la declaración-liquidación del periodo en que se produzca el devengo. Asimismo, el sujeto pasivo está obligado a ingresar la cuota resultante de dicha declaración-liquidación.
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