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An entity that treats lipoedema through liposuction and drainage inquires whether its services are exempt from VAT. The DGT responds that the exemption applies if the treatment is for the purposes of diagnosis, prevention, or treatment of a disease, even if it is of an aesthetic nature, but not if it is merely cosmetic.
Question posed: Taxation by Value Added Tax. Application of the exemption provided for in Article 20.one 3rd of Law 37/1992.
Medical, surgical, or health assistance services for the diagnosis, prevention, or treatment of diseases are exempt from VAT, even if provided through a commercial company. Surgical interventions of an aesthetic nature derived from a disease, injury, or congenital physical defect are exempt. Conversely, surgical operations or treatments for merely cosmetic purposes are subject to the 21% rate.
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