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A query was raised regarding whether a homeowners' association should charge VAT to its members on community fees. The Directorate-General for Taxes (DGT) ruled that, as a general rule, they should not, as they do not act as businesses or professionals.
Cuestión planteada Si la comunidad de propietarios debe repercutir el Impuesto sobre el Valor Añadido a los comuneros con ocasión del cobro de las cuotas de comunidad.
Las comunidades de propietarios no reúnen los requisitos para ser empresarios o profesionales, actuando como consumidores finales. Por ello, no pueden repercutir el IVA en las cuotas o derramas, ni deducir el impuesto soportado. Solo deberán repercutir IVA cuando realicen actividades empresariales o profesionales, como el arrendamiento de espacios comunitarios.
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