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A local authority has requested clarification on whether the management of orchestra services and bullfighting festivities through public service management is subject to VAT. The Directorate General for Taxes (DGT) has ruled that although the administrative concession itself is not subject to the tax, the services provided by the successful bidder to the local authority are indeed subject to VAT.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido.
La concesión administrativa para la gestión de servicios públicos no está sujeta al IVA según el artículo 7.9º de la Ley 37/1992. Sin embargo, los servicios específicos prestados por la empresa adjudicataria al Ayuntamiento (como orquesta o actividades lúdicas) sí están sujetos al impuesto al ser prestaciones de servicios realizadas por un empresario en el desarrollo de su actividad.
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