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A company enquired whether its courses on safety, health, working at heights, and first aid were exempt from VAT. The DGT ruled that the exemption only applies if the subjects taught are included in a curriculum within the Spanish education system.
Cuestión planteada Exención de las actividades formativas del Impuesto sobre el Valor Añadido.
Para aplicar la exención del artículo 20.uno.9º de la Ley del IVA, se deben cumplir dos requisitos: uno subjetivo, que la actividad sea realizada por entidades de derecho público o privadas autorizadas, y uno objetivo, que la enseñanza sea la transmisión de conocimientos y competencias no de carácter recreativo. La exención no es aplicable a materias que no estén incluidas en los planes de estudios de los niveles o grados del sistema educativo español.
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