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V0567-24 9 April 2024 · SG de Impuestos sobre el Consumo Criterion in force
IVA · suplidos

The allocation of electricity costs is not subject to VAT if the dwellings are provided free of charge

A Civil Guard barracks inquires whether the allocation of electricity costs among the users of its dwellings is subject to VAT. The DGT responds that, if the dwellings are provided without consideration, the allocation is a transaction not subject to the tax.

The question raised

Question posed: Whether said allocation of costs to the users of the dwellings would be subject to Value Added Tax and, if applicable, the applicable tax rate.

The DGT's ruling

If the dwellings are provided free of charge, the inquirer acts as the final consumer and the allocation of electricity costs is a transaction not subject to VAT. If the provision were through a lease with consideration, the treatment would depend on whether it is a payment on behalf or a re-invoicing. In the event of a re-invoicing of an independent expense, the general rate of 21% would apply. If the expense is ancillary to a lease that is subject but exempt, it would receive the same treatment as said lease.

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