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The taxpayer asks which VAT rate applies to home help and telecare services provided by an entity awarded a contract by a City Council. The DGT clarifies that the 4% reduced rate applies if prices are controlled by the Administration through administrative contracts or agreed-upon placements.
Cuestión planteada Tipo impositivo aplicable.
Se aplica el tipo del 4% a los servicios de teleasistencia, ayuda a domicilio, centro de día/noche y atención residencial definidos en la Ley 39/2006, siempre que se presten mediante plazas concertadas o precios fijados por la Administración en contratos administrativos. Si el servicio se presta en régimen privado no concertado con precio pactado libremente, tributará al 10%. Asimismo, el tipo del 4% aplica si la prestación económica vinculada cubre más del 75% del precio del servicio.
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