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A hotel company has requested clarification on whether payments received from a manager to guarantee a minimum level of profitability are subject to VAT. The Directorate General for Taxes (DGT) has ruled that such amounts constitute consideration for the transfer of exploitation rights and must be taxed at the standard rate.
Cuestión planteada Sujeción a efectos del Impuesto sobre el Valor Añadido de dicho pago.
La cuantía pagada por el gestor para asegurar un beneficio mínimo funciona como contraprestación por la operación de cesión de la explotación hotelera. Al no ser una indemnización por incumplimiento, sino un mecanismo para asegurar un precio, está sujeta al IVA con el tipo general del 21%.
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