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A query was raised regarding the application of VAT and Income Tax (IRPF) withholding on the payment of legal costs. The Directorate-General for Tax (DGT) has determined that the payment of a costs order constitutes compensation to the winning party rather than consideration for services provided to the losing party.
Cuestión planteada Aplicación del IVA y de la retención acuenta del IRPF en tales supuestos.
El pago de las costas por la parte perdedora es una indemnización a la parte ganadora, por lo que no hay operación sujeta a IVA entre ambas y no procede expedir factura al condenado. El abogado debe facturar sus servicios a la parte ganadora con el IVA correspondiente. Asimismo, al no ser un pago de rendimientos profesionales al abogado sino una indemnización, la parte condenada no está obligada a practicar retención de IRPF.
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