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V1352-20 12 May 2020 · SG de Impuestos sobre el Consumo Criterion in force
IVA · servicio prestado por vía electrónica

VAT exemption for online courses depends on whether teaching is instructor-led or automated

A training academy for public examinations has queried whether its online services are subject to or exempt from VAT. The Directorate-General for Taxes (DGT) clarifies that the exemption only applies if the teaching is delivered by a teacher via the internet and meets specific subject matter and entity requirements. Conversely, automated services or content downloads are classified as electronically supplied services subject to the standard 21% rate.

The question raised

Question raised: Whether the services provided by the applicant are subject to, and where applicable, exempt from, Value Added Tax.

The DGT's ruling

Teaching services provided by a teacher via the internet through remote communication may be exempt if they meet subjective and objective requirements. Conversely, the supply of content, recorded courses, or automated platforms with minimal human intervention are considered services provided by electronic means, which do not benefit from exemption and are taxed at 21%. For the exemption to apply, the subject matter must be included in a curriculum of the Spanish educational system and must not be recreational in nature.

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