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An entity has requested clarification on the VAT rate applicable to admission fees for an interactive experience space it defines as a museum. The Directorate-General for Taxes (DGT) has ruled that the reduced rate of 10% is only applicable if the space meets the legal definition of a museum.
Cuestión planteada Tipo impositivo aplicable en el Impuesto sobre el Valor Añadido a la entrada a dicho espacio.
La entrada a museos tributa al 10% de IVA según la Ley 37/1992. Para determinar si el espacio es un museo, se debe acudir al sentido jurídico o técnico de la palabra, ya que la normativa del IVA no la define. El tipo del 10% se aplicará únicamente en la medida en que el espacio pueda calificarse como museo conforme a la normativa aplicable; de lo contrario, se aplicará el tipo general del 21%.
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