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V2564-23 26 September 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IVA · exención de actividades educativas

Training services may be VAT exempt under specific requirements and taxed as professional activities for Income Tax

A professional consulted whether VAT and Income Tax (IRPF) should apply to her training, coaching, and mentoring services. The DGT indicates that VAT exemption depends on whether she acts as a professional or an entrepreneur and whether the subjects are part of official curricula, and that her income is taxed as professional activity income for Income Tax purposes.

The question raised

Question posed: "Whether VAT and IRPF must be applied to invoices, both to companies and to individuals, for training services and online professional coaching and mentoring sessions."

The DGT's ruling

Regarding VAT, if acting as a professional, the exemption requires that the classes pertain to subjects within official curricula and do not require registration in the IAE. If acting as an entrepreneur (academy), it must be an authorized entity and the teaching must be objectively educational. Online coaching is not considered a service provided by electronic means. Regarding Personal Income Tax (IRPF), the income is derived from professional activities due to the organization of means, and a 15% withholding tax must be applied (or 7% for the commencement of activity).

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