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A regional consortium seeks clarification on whether private company contributions for anti-snowfall services are subject to VAT. The DGT determines that consortia are not local public entities and therefore lack tax authority; contributions are of contractual nature.
Question raised: Liability for Value Added Tax on the services relating to hail fighting that the applicant is going to provide to its recipients. Deductibility of the quotas and whether it is obliged to submit a tax return, as well as to issue an invoice. Legal nature of the remuneration received for the provision of the aforementioned services.
The consortium is a public law entity of the institutional public sector, but it is not a local entity with taxing powers. Contributions from private companies are contractual in nature and are subject to VAT when made for consideration. Services provided to the constituent regions may not be subject to the tax if they are considered services provided by a public sector entity in favor of the Administration on which it depends. The consortium shall have the status of a dual entity, and must apply a reasonable and homogeneous criterion for the imputation of quotas for deduction purposes.
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