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A non-profit foundation asks whether fees for a medical training congress are VAT-exempt. The DGT states that exemption under articles 20.1.9 or 20.1.14 may apply if specific cultural or educational social entity requirements are met.
Question raised: Taxation under Value Added Tax on the access fees for the congress under consultation and, in particular, whether the exemptions provided in Articles 20.One.9.º and 20.One.14.º of the Tax Law are applicable or, failing that, the applicable tax rate, as well as the tax reporting and invoicing obligations.
Access to the congress is subject to VAT, but may be exempt under Article 20.One.9º if it is an authorized teaching activity, or under 20.One.14º if the congress is of a cultural nature and the foundation is a private cultural establishment of a social nature. For the cultural exemption, the entity must lack a profit-making purpose, have unpaid officers, and not favor members or relatives. If these exemptions are not met, the general rate of 21% shall apply.
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