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A parents' association has requested a ruling regarding the deductibility of VAT for activities such as selling school supplies and providing dining services. The Directorate General for Taxes (DGT) has determined that, when carrying out both taxable and non-taxable activities, the dual entity regime must be applied.
Cuestión planteada Deducibilidad cuotas soportadas.
Las APA no son empresarios por naturaleza, pero pueden serlo respecto a actividades económicas realizadas habitualmente y a título oneroso. El servicio de comedor y la venta de material escolar están sujetos a IVA. Para la deducción, se deben excluir las cuotas de bienes destinados exclusivamente a operaciones no sujetas y aplicar un criterio razonable y homogéneo para los bienes de uso simultáneo a operaciones sujetas y no sujetas.
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