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A cleaning company has enquired whether the cleaning services provided by one of its partners and directors are subject to VAT. The DGT has determined that there is no tax liability if the requirements of independence and the organisation of own resources are not met.
Cuestión planteada Sujeción de los servicios prestados por la socia a la entidad consultante.
Para que un servicio esté sujeto al IVA debe realizarse por cuenta propia y con carácter independiente. Si la sociedad es la titular de los activos principales para la actividad, el socio que presta servicios queda excluido del impuesto al no concurrir la ordenación de medios propios. La clave es si existe una relación de subordinación o si el prestador soporta el riesgo económico y organiza sus propios recursos.
What is published here, applied to a company or a specific case. The first meeting is free.
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