In the past number 337 dated October/November 2021 of the Món Jurídic magazine, a new article was published by Albert Folguera, partner at addwill and President of the Tax and Financial Law Section of the Il·lustre Col·legi de l’Advocacia de Barcelona (ICAB).
In his collaboration, Albert Folguera tells us about the deductibility or non-deductibility of VAT in cases of input VAT on services received within the framework of company purchase and sale operations (legal, tax services, corporate finance, business advice, etc.).
The determination of the VAT deductibility of the services received within the framework of this type of transaction is a controversial and not peaceful issue and, in fact, the Tax Administration permanently questions the deductibility of VAT in these cases.
On this matter, Albert Folguera makes a detailed analysis to determine this deductibility of input VAT in those advisory services related to a share or participation sale operation. This deductibility of input VAT must be analyzed in each case and especially, in the event that its deductibility is determined, be prepared with all possible defensive arguments against potential revisions by the Tax Administration.
If you want to read the full article, you can do so through the following link.
https://www.icab.es/export/sites/icab/.galleries/documents-publicacions/MONJU337_DEF.pdf
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