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An entity sought clarification on the VAT rate applicable to renting a hotel floor and selling stays including complementary services such as excursions or entertainment. The DGT indicates that if acting as a travel agency, the general rate of 21% applies, unless it is determined that the primary activity is accommodation.
Cuestión planteada Tipo impositivo aplicable al servicio prestado.
Si la entidad actúa en nombre propio prestando servicios de otros, se aplica el régimen especial de agencias de viajes con el tipo general del 21%. El tipo reducido del 10% solo será aplicable si la actividad principal es el alojamiento y su fin esencial es la estancia. Los servicios de excursiones o entretenimiento no se consideran accesorios al alojamiento y deben tributar al 21%.
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