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A local council has requested clarification on whether VAT should be included in the public fees for a residential care home managed via a service contract. The DGT has determined that the council acts as an entrepreneur and that the service is subject to, but exempt from, VAT. Meanwhile, the contractor must apply the reduced rate of 4% provided they meet the requirements of Law 39/2006.
This ruling clarifies the VAT status for local authorities managing social services through service contracts, distinguishing between the council's role as an entrepreneur and the specific tax treatment of the care services provided.
The tax team reviews your specific situation.
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