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The DGT confirms that the transaction is subject to VAT, and deductibility depends on whether the water is used in taxable or non-taxable operations.
Question posed Liability to Value Added Tax of the water supply carried out by the taxpayer in favor of its own municipal entity. In its case, whether the Value Added Tax amounts incurred as a result of said acquisitions would be deductible.
La adquisición de agua se considera una entrega de bienes sujeta a IVA, incluso si el Ayuntamiento actúa como comisionista en nombre propio. El derecho a la deducción de las cuotas soportadas requiere que el consultante sea empresario o profesional y que el agua se destine a operaciones sujetas y no exentas. Si se realizan simultáneamente operaciones sujetas y no sujetas, se deberá aplicar un criterio razonable y homogéneo de imputación, preferentemente el financiero.
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