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V1410-18 29 May 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · concesión administrativa

Administrative concession for the operation of a nursery school is not subject to VAT

A local council consulted whether the transfer of a municipal property to a company to manage a nursery school via an administrative concession was exempt from VAT. The DGT has determined that the granting of the concession is not subject to the tax.

The question raised

Question raised: Whether the exemption provided for in Article 20.One.9 of Law 37/1992 is applicable and, in the event that it is not applicable, the rate of Value Added Tax that would apply.

The DGT's ruling

The granting of administrative concessions and authorizations is not subject to VAT, except for the specific exceptions of port public domain, airports, railway infrastructures, or port activities. In this case, the transfer of use and exploitation of a municipal asset for early childhood education services is not subject to the tax. This non-subjectivity applies only to the granting of the concession and the annual fee, not to the services that the concessionaire subsequently provides to users.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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