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A municipal cleaning and gardening company inquired whether its services to another company owned by the same City Council are subject to VAT. The DGT ruled that, as the entities are fully dependent on the same Public Administration, the transaction is not subject to the tax.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de los servicios objeto de consulta.
Los servicios prestados por entidades del sector público que sean íntegramente dependientes de la misma Administración Pública no están sujetos al IVA. Esto se aplica cuando la prestación se realiza entre entidades que dependen de la misma Administración, siempre que no se trate de las actividades específicas que la ley sí considera sujetas, como telecomunicaciones o transporte.
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