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A company requested clarification on the VAT rate applicable to family respite services for families caring for dependent persons. The DGT has determined that the 4% rate does not apply and that exemption is not possible based on the entity's status, meaning the rate is either 10% or 21%.
Cuestión planteada Tipo impositivo aplicable.
Los servicios de respiro familiar no están contemplados en la Ley 39/2006, por lo que no aplica el tipo del 4%. Al ser la consultante una entidad mercantil sin condición de establecimiento privado de carácter social, no puede acogerse a la exención del artículo 20.1.8º. Si los servicios se consideran asistencia social, tributarán al 10%; de lo contrario, al 21%.
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