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A local council has enquired whether the leasing of spaces and services within a business centre is subject to VAT. The DGT has ruled that these activities are subject to the tax provided that the consideration constitutes a public fee rather than a tax.
Cuestión planteada 1.- Sujeción de los servicios prestados por el Ayuntamiento consultante.
Las Administraciones Públicas son empresarios cuando ordenan medios para desarrollar una actividad empresarial a título oneroso. Los servicios prestados por un Ayuntamiento mediante la cesión de espacios o servicios diversos estarán sujetos al IVA si la contraprestación percibida es un precio público y no tiene naturaleza tributaria. Esto se aplica sin perjuicio de posibles exenciones.
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