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A local government seeks clarification on whether its home delivery food service, provided by it and by a non-profit entity, is subject to VAT. The DGT determines that the council's service is subject to VAT because the public price has a taxable nature.
Cuestión planteada Sujeción y posible exención del servicio de comida a domicilio prestado por el Ayuntamiento y la entidad contratada.
El suministro de comida a domicilio sin servicios adicionales predominantes se considera entrega de bienes y no prestación de servicios. Por tanto, no se aplica la exención de asistencia social a las entregas de bienes. Estas operaciones están sujetas al IVA con el tipo del 10%, salvo bebidas alcohólicas o refrescantes con azúcares que tributan al 21%.
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