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A funeral services company inquired whether the religious service of a burial is subject to VAT and if an invoice must be issued. The DGT ruled that if the service is provided outside the scope of a business or professional activity, it is not subject to the tax, nor is there an obligation to issue an invoice.
Cuestión planteada Si el servicio religioso está sujeto al impuesto sobre el valor añadido y a la obligación de expedir factura.
No estará sujeto al IVA el servicio religioso si se efectúa al margen de una actividad empresarial o profesional, sin ordenación de medios de producción para intervenir en el mercado. Al no tener la condición de empresario o profesional, no existe la obligación de expedir factura, aunque se pueden emitir otros documentos que no tengan la consideración de factura.
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