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A query was raised regarding whether a foundation performing promotional activities for a Regulatory Council must apply VAT to the funds received. The DGT clarifies that if the arrangements are business collaboration agreements for activities of general interest, no service is provided; however, if they constitute advertising sponsorship, they are subject to VAT.
Cuestión planteada Régimen de tributación en el Impuesto sobre el Valor Añadido
Si la fundación está acogida a la Ley 49/2002 y sus ingresos derivan de convenios de colaboración empresarial en actividades de interés general, el compromiso de difundir la participación del colaborador no constituye prestación de servicios ni base imponible de IVA. Sin embargo, si las cantidades son contraprestaciones por servicios de publicidad derivados de contratos de patrocinio, las operaciones estarán sujetas al impuesto.
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