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A company has enquired whether the fee for operating a bar in a city through a special administrative contract is subject to VAT. The DGT has ruled that it is, as this type of contract does not constitute an administrative concession of a public domain.
Cuestión planteada Sujeción al IVA del canon satisfecho.
Los contratos para la explotación de cafeterías y comedores en centros públicos son contratos administrativos especiales, no concesiones de dominio público ni de gestión de servicios públicos. Por tanto, la prestación de servicios del ayuntamiento a cambio de una contraprestación está sujeta al IVA según el artículo 4 de la Ley 37/1992.
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