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An oxygen therapy company providing home services has enquired whether its services are exempt from VAT. The DGT has ruled that exemption depends on whether the services constitute medical assistance (diagnosis, prevention, or treatment) provided by healthcare professionals and whether the company assumes medical responsibility for the treatment.
Cuestión planteada Exención de los servicios descritos.
Para que los servicios de asistencia médica, quirúrgica o sanitaria estén exentos de IVA, deben cumplir un requisito objetivo (ser de diagnóstico, prevención o tratamiento de enfermedades) y uno subjetivo (ser prestados por profesionales médicos o sanitarios). En contratos de gestión, la exención aplica si la empresa asume la responsabilidad médica o sanitaria del tratamiento. Si la empresa solo suministra material fungible (oxígeno medicinal) sin asumir dicha responsabilidad, la entrega de bienes está sujeta al impuesto.
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