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V0620-16 15 February 2016 · SG de Impuestos sobre el Consumo Criterion in force
IVA · exención

Educational support services for primary and secondary students may be exempt from VAT

A query was raised regarding whether educational support services for students with learning difficulties in primary and secondary education, provided by an external company, are exempt from VAT. The DGT ruled that these services are subject to but exempt from VAT, as they constitute teaching activities integrated into the curriculum.

The question raised

Question posed: Application of the exemption under Article 20.One.9 of Law 37/1992.

The DGT's ruling

The exemption under Article 20.One.9 of Law 37/1992 requires a subjective requirement, that the activity be carried out by public law entities or authorized private entities, and an objective requirement, that the teaching imparts knowledge and skills without being merely recreational. A center is considered authorized when its activities consist primarily of teaching included in a recognized curriculum. Educational support services in primary and secondary education concerning subjects within such curricula are exempt from VAT.

Apply this to a real case

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

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