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V0007-18 6 January 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · exención

Fees granting particular benefits to members are subject to and not exempt from VAT

A non-profit entity inquires whether the contributions of its members are exempt from VAT pursuant to Article 20.One.12 of Law 37/1992. The DGT responds that the exemption only applies if the contributions are statutory membership fees for the defense of collective interests, without granting particular benefits or additional individualizable rights.

The question raised

Question posed: Application of the exemption provided in Article 20.One.12 of Law 37/1992 to the fees contributed by the members of the inquirer.

The DGT's ruling

The exemption under Article 20.One.12 of Law 37/1992 applies to services provided by non-profit entities for the defense of the collective interests of their members, provided that no consideration other than statutory membership fees is received. If the contributions grant additional rights that constitute a particular and individualizable benefit for the contributor, these are not considered statutory membership fees and the transaction shall be subject to and not exempt from VAT. In the specific case, by granting additional rights, the contributions constitute the consideration for a set of services subject to the tax.

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