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A cooperative mistakenly received a grant that was not intended for them and planned to transfer the full amount to the actual beneficiary. The DGT has ruled that this transfer of funds is not subject to VAT, as there is no consideration for a service.
Cuestión planteada Sujeción de la transferencia de fondos al Impuesto sobre el Valor Añadido.
Para que una operación esté sujeta al IVA debe realizarse a título oneroso, existiendo una relación directa entre el servicio y la contraprestación. En el caso de recibir fondos por error y transferirlos íntegramente al beneficiario real, no existe un vínculo jurídico que implique un intercambio recíproco de prestaciones económicas. Por tanto, la operación no está sujeta al impuesto.
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