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A City Council enquired whether the annual fee for the concession of commercial premises and a municipal market was subject to VAT. The DGT ruled that the administrative concession itself is not subject to the tax, although the services provided by the concessionaire to users may be.
Cuestión planteada Sujeción a IVA del citado canon.
La concesión administrativa para la explotación de un equipamiento comercial y mercado municipal es una operación no sujeta al IVA, según el artículo 7.9º de la Ley 37/1992. Por tanto, el canon establecido como contraprestación no debe repercutir este impuesto. No obstante, esto no impide que los servicios prestados por el concesionario a los usuarios de las superficies comerciales sí estén sujetos al impuesto.
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