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A query was raised regarding whether a foundation dedicated to promoting a football club can benefit from the special tax regime under Law 49/2002 and the nature of VAT in its activities. The DGT determined that, as its purpose is to develop a profit-making entity, it does not pursue general interest purposes and therefore cannot apply said regime.
Cuestión planteada
Para ser entidad sin fines lucrativos según la Ley 49/2002, es requisito indispensable perseguir fines de interés general. El impulso del desarrollo de una Sociedad Anónima Deportiva no se considera un fin de interés general. En cuanto al IVA, las prestaciones de publicidad están sujetas al impuesto, salvo que se realicen mediante convenios de colaboración empresarial en actividades de interés general, los cuales no constituyen prestación de servicios.
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