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Two homeowners' associations have consulted whether a consumer cooperative established to renovate buildings can apply the VAT reverse charge mechanism and how subsidies would be taxed for Corporate Tax purposes. The DGT has determined that the cooperative does not qualify as a business or professional for VAT purposes and that subsidies are included in the Corporate Tax taxable base according to their nature.
Cuestión planteada En cuanto a la constitución de la Cooperativa de Consumo:
Las cooperativas de consumo que adquieren bienes y servicios para el uso o consumo de sus socios no desarrollan una actividad empresarial o profesional a efectos del IVA. Por tanto, no pueden aplicar la inversión del sujeto pasivo en las obras de rehabilitación. En cuanto al Impuesto sobre Sociedades, las subvenciones concedidas a la cooperativa se integrarán en su base imponible según el tipo de subvención que sean.
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