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A food safety technician, who is also a partner and sole administrator of a company, asks whether his services to the company are subject to VAT. The DGT rules that they are not, as the partner does not use his own means, given that the company owns the assets and bears the economic risk.
Cuestión planteada Sujeción de los servicios prestados por el consultante a la sociedad de la que es socio y administrador único.
Para que un servicio esté sujeto al IVA debe realizarse por cuenta propia, lo que requiere la ordenación de medios materiales y humanos. Si la titularidad y el uso de los activos principales recaen en la sociedad, el socio que presta servicios no cuenta con la ordenación de medios propios necesaria. En ese caso, queda excluido del ámbito de aplicación del impuesto.
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