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A query was raised regarding whether the operations of irrigation communities for the management and use of water are exempt from VAT. The DGT clarifies that the distribution and marketing of water for consideration is subject to the tax, in accordance with Supreme Court jurisprudence.
Cuestión planteada Sujeción al IVA. Deducibilidad de las cuotas soportadas.
Las operaciones de distribución y comercialización de agua realizadas a título oneroso por comunidades de regantes están sujetas al IVA, no siendo aplicable la no sujeción del artículo 7.11º de la Ley 37/1992. Este criterio se aplica tanto si el ente es público como privado. Para las aguas aptas para el riego, se aplica el tipo impositivo del 10%.
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