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A company rents properties from individuals and subsequently sub-lets them to third parties as tourist accommodation, including catering services contracted from third parties. The DGT has ruled that the special travel agency regime must apply, with the general rate of 21% levied on the gross margin.
Cuestión planteada Tipo de gravamen aplicable a los arrendamientos descritos.
El prestador de servicios de alojamiento en nombre propio, utilizando exclusivamente medios ajenos, debe aplicar el régimen especial de agencias de viajes. Este régimen se aplica independientemente de que el sujeto sea formalmente una agencia de viajes. La base imponible será el margen bruto, que es la diferencia entre el importe total cargado al cliente y el importe de los servicios adquiridos a otros profesionales. El tipo impositivo aplicable será el general del 21%.
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