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A municipal autonomous body has requested a ruling on whether the operation of a public car park through the collection of a public fee is subject to VAT. The Directorate General for Taxes (DGT) has ruled that, as it constitutes a non-tax consideration, the activity is subject to the tax.
Cuestión planteada Sujeción al IVA de la operación.
Los organismos autónomos tienen la condición de empresarios cuando ordenan por cuenta propia factores de producción para intervenir en la producción o distribución de bienes o servicios. Al percibir un precio público por la cesión de uso de plazas de parking, la contraprestación no es de naturaleza tributaria, por lo que la operación está sujeta al IVA al tipo general del 21 por ciento.
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