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A cultural association charging for tickets to musical performances without remunerating its members has queried whether VAT must be applied. The DGT indicates that the association acts as a business entity and that, provided it meets the requirements of a social entity, musical performances are exempt from VAT.
Question raised: Taxation regarding Value Added Tax on the concerts performed and, where applicable, the pass-through of Value Added Tax.
The association is considered an entrepreneur by organizing means to carry out onerous activities. Musical performances are exempt from VAT if the entity is a private cultural establishment of a social nature. To this end, it must lack a profit-making purpose, have officers serving without remuneration and without interest in the results, and the members must not be the primary beneficiaries nor enjoy special conditions.
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