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A local council has enquired whether it must issue invoices for periodic fee payments arising from a concession for the use of a public domain plot. The Directorate General for Taxes (DGT) has determined that the transaction is not subject to VAT and, as it has no impact on the tax settlement mechanism, there is no obligation to issue an invoice.
Cuestión planteada Obligación de emitir factura por los cobros del canon periódico.
La concesión administrativa sobre una parcela de dominio público no está sujeta al Impuesto sobre el Valor Añadido según el artículo 7.9º de la Ley 37/1992. Al ser una operación no sujeta, no existe obligación de expedir factura siempre que la operación no tenga incidencia en algún aspecto sustancial de la mecánica de liquidación del impuesto.
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