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V0141-24 16 February 2024 · SG de Impuestos sobre el Consumo Criterion in force
IVA · no sujeción

VAT on investments in infrastructure of an Irrigation Community cannot be deducted

A business owner asks whether they can deduct VAT on payments made to finance investments in an Irrigation Community. The DGT responds that this is not possible because such operations are not subject to the tax and do not generate a right to deduction.

The question raised

Question posed: Whether the payments made by the applicant for the financing of investments in the Irrigation Community are deductible expenses for Value Added Tax purposes by virtue of the provisions of the judgment of the Court of Justice of the European Union of 21 April 2005, HE (Case C-25/03).

The DGT's ruling

The operations of Irrigation Communities for the management and use of water are not subject to VAT pursuant to Article 7.11 of Law 37/1992. As these are non-subject operations, they do not give rise to a right to deduct the amounts incurred for the acquisition of goods and services. The doctrine concerning homeowners' associations is not applicable because the latter do not have the status of business owners, whereas Irrigation Communities do hold such status.

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