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V1037-23 26 April 2023 · SG de Impuestos sobre el Consumo Criterion in force
IVA · base imponible

Compensation for the economic rebalancing of a concession is not subject to VAT if it does not constitute consideration

A water concessionaire company asks whether a payment from a city council to compensate for the increased costs of a treatment plant is subject to VAT. The DGT responds that if the payment aims for financial rebalancing and is not remuneration for a service, VAT does not apply.

The question raised

Question raised: Liability for Value Added Tax on the payment of said amount to the consulting entity.

The DGT's ruling

If the amount is intended to balance the financial situation of the concessionaire due to increased costs, it does not constitute consideration for the provision of services and is not subject to VAT. However, if the amounts derive from a revision of the consideration agreed upon in the contract, they do constitute consideration and are subject to the tax.

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