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A company enquired whether it was required to pay the VAT incurred by the first purchaser when exercising the right of legal withdrawal over a commercial premises. The DGT ruled that the compensation for such expenses does not constitute a transaction subject to VAT.
Cuestión planteada Si es procedente que se pague el Impuesto sobre el Valor Añadido del primer comprador.
El ejercicio del retracto legal implica dos transmisiones válidas: la inicial al comprador y la posterior al retrayente. El retrayente debe reembolsar al comprador el precio y los gastos del contrato, incluyendo el IVA soportado. Esta indemnización no es una contraprestación por una entrega de bienes o servicio, por lo que no está sujeta a IVA y no requiere factura.
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