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A cooperative requested clarification on the VAT rate applicable to olive milling services provided to an oil mill. The Directorate General for Taxes (DGT) ruled that if the oil mill does not acquire ownership of the olives, the service constitutes a contract for work subject to the 10% reduced rate.
Cuestión planteada Tipo impositivo aplicable.
Si la almazara no transmite a la cooperativa el poder de disposición sobre las aceitunas, la operación es una prestación de servicios consistente en una ejecución de obra. Al ser la molturación una ejecución de obra que tiene como resultado inmediato la obtención de un bien (aceite) sujeto al tipo reducido, se aplica el tipo del 10% según el artículo 91.3 de la Ley 37/1992.
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