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V2123-21 ·16 July 2021 ·consulta-vinculante Medium impact
Tax

Operating a café in a municipal swimming pool via state-owned property concession is subject to VAT

A local council has enquired whether a concession for operating a bar in a municipal swimming pool is exempt from VAT under the principle of non-liability of Public Administrations. The DGT ruled that the operation is subject to the tax because the fee charged constitutes consideration of a non-tax nature.

In 6 key points

How it affects those involved

This ruling clarifies that revenue from concessions for the use of public domain assets is considered taxable consideration rather than a tax levy, meaning VAT must be applied to the concession fees.

Lifecycle

2021-07-16PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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