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A concessionaire company inquired whether a municipal subsidy to cover operational losses was subject to VAT. The DGT replied that it was not, as no service fee was involved and the conditions for a price-linked subsidy were not met.
Cuestión planteada Si la denominada subvención de explotación se encuentra sujeta al Impuesto sobre el Valor Añadido.
Las cantidades percibidas por una subvención de explotación para cubrir costes derivados de cesiones gratuitas no constituyen la contraprestación de un servicio. Tampoco se consideran subvenciones vinculadas al precio porque no cumplen los requisitos de ser abonadas para realizar una prestación determinada, permitir un precio inferior al mercado y ser determinables. Por tanto, no están sujetas al IVA.
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