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An entity distributing fruit in schools on behalf of an Autonomous Community that subsidises the cost, excluding VAT, has sought clarification. The DGT has ruled that the operation is subject to VAT and that the Autonomous Community is the recipient responsible for bearing the tax charge.
Cuestión planteada Si se debe repercutir el Impuesto sobre la base resultante que no es otra que el importe subvencionado.
La entrega de fruta en colegios realizada por encargo de una Comunidad Autónoma está sujeta a IVA. La base imponible es el importe que la entidad percibe de la Comunidad Autónoma para financiar el programa. El tipo impositivo aplicable es el 4 por ciento. La Comunidad Autónoma es el destinatario de la operación y, por tanto, quien debe soportar la repercusión del impuesto.
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