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A lawyer asks whether IRPF withholding applies to fees received from a costs judgment. The DGT responds that the judgment debtor pays an indemnity to the winning party, not professional income to the lawyer.
Cuestión planteada Sometimiento a retención de los honorarios percibidos a través de la condena en costas.
La condena en costas genera un crédito a favor de la parte vencedora y no pertenece a su representante. Por tanto, la parte condenada no satisface rendimientos profesionales al abogado, sino una indemnización a la parte vencedora. En consecuencia, la parte condenada no está obligada a practicar retención de IRPF sobre dichos honorarios. La obligación de retener recae en la parte vencedora si tiene la condición de obligado a retener.
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