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V5214-16 7 December 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IVA · subrogación laboral

Payments for employee labour subrogation are subject to VAT as a provision of services

The query asks whether payments made for the subrogation of employment contracts are subject to VAT and if they are deductible for Corporate Tax purposes. The DGT rules that such payments constitute consideration for a service provided by the companies assuming the contracts, and are therefore subject to VAT.

The question raised

It is asked whether the payment of said compensation for labor subrogation would be subject to Value Added Tax and, if applicable, whether it would be a tax-deductible expense for Corporate Income Tax purposes.

The DGT's ruling

The payment for the subrogation of employment contracts is not compensation, but rather the consideration for a service provision performed by the subrogating companies. As this constitutes a consumption act where the applicant acquires a service, the amounts are subject to VAT at the general rate of 21 percent. Regarding Corporate Income Tax, expenses for employee compensation shall be deductible if they meet the requirements of accounting registration, accrual, documentary justification, and are not deemed non-deductible under Article 15 of the LIS.

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