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A City Council has requested clarification on the status of services where solicitors issued claims for their fees without VAT. The Directorate General for Taxes (DGT) has clarified that, although the right to pass on the tax is lost one year after accrual, the recipient may still agree to bear the tax even if the invoice is issued late.
Cuestión planteada Facturación de las operaciones objeto de consulta.
El devengo del IVA en servicios de procuradores ocurre al concluir el procedimiento o al cobrar importes. Si no se emite factura, se entiende que la contraprestación no incluye el impuesto. Aunque el derecho a la repercusión caduca al año del devengo, el destinatario puede aceptar soportar la repercusión extemporánea. En ese caso, podrá deducir dichas cuotas si cumple los requisitos legales.
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