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A Provincial Council enquired whether the transfer of use and exploitation of a stadium to a sports club via an agreement was exempt from VAT as an administrative concession. The DGT ruled that, as the use is shared rather than exclusive, it does not constitute an administrative concession and must be taxed at the standard rate.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de la referida cesión.
La cesión de uso de las instalaciones deportivas no constituye una concesión administrativa porque no existe una utilización privativa del dominio público, sino un sistema de colaboración y uso compartido. Al no encajar en la figura de concesión, no es aplicable la no sujeción del artículo 7.9º de la Ley 37/1992. Por tanto, la operación está sujeta al IVA al tipo general.
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