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A public water sanitation entity has enquired whether the transfer of infrastructure to an irrigation community, via monthly fees and subsequent acquisition, is exempt from VAT. The DGT has ruled that the transaction is subject to the tax, as it fails to meet the requirements for non-taxability applicable to public administrations or irrigation communities.
This ruling clarifies that leasing arrangements involving an option to purchase do not qualify for VAT exemptions typically reserved for specific public sector activities or irrigation communities, meaning VAT must be applied to the monthly fees.
The tax team reviews your specific situation.
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