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A query was raised regarding whether a court agent (procuradora) must issue an invoice for funds received in advance for judicial proceedings. The Directorate-General for Taxes (DGT) ruled that these collections are considered advance payments that trigger the tax and must be documented via an invoice.
Cuestión planteada Obligación de la procuradora de expedir factura por tales provisiones de fondos.
Los cobros por provisiones de fondos previos a la operación se consideran pagos anticipados, lo que origina el devengo del IVA por los importes percibidos. La repercusión del impuesto debe realizarse mediante factura que cumpla los requisitos reglamentarios. No es posible utilizar facturas simplificadas si el importe supera los 400 euros, ya que los servicios de procuraduría no están incluidos en el límite ampliado de 3.000 euros.
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