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A local council has requested clarification on whether repair works in homes for people without resources are VAT exempt or which rate applies. The DGT has determined that there is no exemption based on social assistance and that the general rate of 21% applies, as the council is the recipient of the operation.
Cuestión planteada Exención de las obras emprendidas por el ayuntamiento en viviendas de personas desfavorecidas, y tipo impositivo aplicable, en su caso.
Las obras de reparación no están exentas de IVA por tratarse de ejecuciones de obra y no de servicios de asistencia social. No se aplica el tipo reducido del 8% ni del 10% porque el ayuntamiento es el destinatario de la operación y no una persona física o comunidad de propietarios. Por tanto, la operación tributa al tipo general del 21%.
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