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Two brothers who are partners in a driving school consulted whether the services they provide to the company are subject to VAT. The DGT ruled that they are not, provided they do not act independently and do not organise their own means of production.
Cuestión planteada Sujeción de los servicios prestados por los socios a la sociedad.
Para que un servicio esté sujeto al IVA debe realizarse con carácter independiente y por cuenta propia. Si la sociedad es la titular de los activos principales para la actividad, el socio que presta servicios queda excluido del IVA al no concurrir la ordenación de medios propios. La ausencia de subordinación no es suficiente si no se soportan los riesgos económicos y no se disponen de medios de producción propios.
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