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A company reduced its VAT taxable base due to a client's insolvency and subsequently recovered the debt from guarantors, leading to the withdrawal of legal proceedings. The DGT clarifies whether the taxable base must be rectified upwards following this recovery.
Cuestión planteada Si tras el cobro procede modificar al alza la base imponible de la operación.
Si el acreedor desiste de la reclamación judicial o llega a un acuerdo de cobro tras un requerimiento notarial, debe modificar la base imponible al alza. Para ello, debe expedir una factura rectificativa en el plazo de un mes desde el desistimiento o el acuerdo. No obstante, si el proceso finaliza mediante un acuerdo transaccional homologado judicialmente, no procede la modificación al alza.
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