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An air transport company enquired whether the transfer of organs for transplants was exempt from VAT when provided to hospitals and public entities. The DGT ruled that this service is subject to the tax because the object of the transport is organs rather than sick or injured persons.
Cuestión planteada Exención de los servicios descritos.
El servicio de transporte de órganos no alcanza la exención del artículo 22.cuatro.2º de la Ley 37/1992 para aeronaves utilizadas por entidades públicas. El transporte de órganos está sujeto al IVA independientemente de que se destine a operaciones de asistencia sanitaria exentas. Esto se debe a que el objeto del transporte son órganos y no enfermos o heridos, según el artículo 20.uno.15º de la Ley.
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