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A City Council sought clarification on whether the concession to operate a café-bar in a municipal building was exempt from VAT on the basis of being an administrative concession. The Directorate-General for Taxes (DGT) ruled that these types of agreements are special administrative contracts rather than public domain concessions, and therefore must be subject to VAT.
Cuestión planteada Las que se relacionan en los hechos.
La explotación de cafeterías y comedores en espacios públicos constituye un contrato administrativo especial, no una concesión administrativa de dominio público ni un contrato de gestión de servicios públicos. Por tanto, la prestación de servicios del Ayuntamiento al adjudicatario está sujeta al IVA. El Ayuntamiento debe aplicar el tipo general del 21 por ciento sobre el importe del canon.
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