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V0323-25 18 March 2025 · SG de Impuestos sobre el Consumo Criterion in force
IVA · medio propio personificado

Water cycle services are VAT liable, but other in-house services may not be

A commercial entity owned by a Council asks about VAT applicability of its services and deductibility of paid fees. The DGT clarifies that water distribution is always VAT liable, while other in-house services may not be.

The question raised

Question raised: Liability for Value Added Tax on the assignments executed by the applicant as a personified self-employed means of the contracting authority. Application of Article 93.Five of Law 37/1992 for the deduction of the tax amounts incurred.

The DGT's ruling

Water distribution or supply services and wastewater treatment services within the integrated cycle are always subject to VAT. Services provided as a personified self-employed means of the contracting authority, which are not water supply or distribution services, shall not be subject to the tax. For entities performing both activities, the deduction regime for dual entities under Article 93.Five of Law 37/1992 applies through a reasonable and homogeneous imputation criterion.

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What is published here, applied to a company or a specific case. The first meeting is free.

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