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A local council has enquired whether the supply of potable water provided by an association of municipalities to its members is subject to VAT when charged through a fee. The Directorate-General for Taxes (DGT) has ruled that this activity is subject to the tax as it is expressly included in the regulations.
Cuestión planteada - Sujeción al Impuesto sobre el Valor Añadido de dichos suministros.
El suministro y distribución de agua por parte de una Mancomunidad a los municipios integrantes está sujeto al IVA, incluso si la contraprestación es una tasa. Esto se debe a que la distribución de agua es una actividad que el legislador ha decidido sujetar al impuesto por su carácter económico, según el artículo 7.8º de la Ley del IVA.
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