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A company requested clarification on whether an administrative concession for the private use of a municipal public domain plot was subject to VAT. The Directorate General for Taxes (DGT) ruled that, as it concerns a public domain asset, the transaction is not subject to the tax.
Cuestión planteada Si la concesión administrativa se encuentra sujeta al Impuesto sobre el Valor Añadido.
Las concesiones administrativas que tengan por objeto la cesión del derecho a utilizar el dominio público no están sujetas al IVA, salvo las excepciones relativas a puertos, aeropuertos o infraestructuras ferroviarias. Al ser el bien una parcela del dominio público municipal, la concesión no está sujeta al impuesto.
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