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A company sought clarification on whether its digital marketing teaching services were VAT exempt. The DGT ruled that exemption depends on the activity being included in a recognised curriculum and not being merely recreational in nature.
Cuestión planteada Tributación de las actividades de enseñanza descritas.
La exención del artículo 20.Uno.9º de la Ley 37/1992 requiere cumplir dos requisitos. El subjetivo exige que la actividad sea realizada por entidades de derecho público o privadas autorizadas, entendiendo por autorizada aquella cuya actividad sea principalmente enseñanza incluida en un plan de estudios reconocido. El objetivo exige que la actividad suponga la transmisión de conocimientos y competencias con un marco organizativo, sin tener un carácter meramente recreativo.
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