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V0649-23 17 March 2023 · SG de Impuestos sobre el Consumo Criterion in force
IVA · compensaciones tarifarias

Tariff compensations for transport operators are not subject to VAT

A consortium inquired whether the economic compensations paid to transport operators to cover the tariff reduction (pursuant to RD-L 11/2022) are subject to VAT. The DGT responds that these amounts do not constitute consideration for any transaction nor price-linked subsidies.

The question raised

Question posed: Whether the aforementioned tariff compensations received by transport operators from the inquirer would be subject to Value Added Tax.

The DGT's ruling

Compensations intended to offset the reduction in revenue and the increase in costs for operators do not constitute consideration for transactions subject to VAT. As there is no significant distortion of competition in the public transport service, these contributions are not considered price-linked subsidies. Therefore, they do not form part of the taxable base of any taxed transaction. Operators may deduct the VAT incurred on their acquisitions if they carry out exclusively taxable transactions.

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