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An employee inquired whether occasional legal defence of colleagues, for which they received costs, was subject to VAT. The DGT ruled that if the transaction is occasional, isolated, and without intent of continuity, it is not subject to the tax.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido.
No existe sujeción al IVA cuando la operación se realiza de forma puntual, aislada y sin intención de continuidad, al margen de una actividad empresarial o profesional. Por el contrario, la operación estará sujeta al impuesto si el prestador tiene la intención de intervenir en el mercado mediante la ordenación de medios de producción para desarrollar una actividad profesional.
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