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An association has queried whether catering services in nightclubs should be taxed at 10% or 21% if the food and venue access are provided by different companies. The Directorate General for Taxes (DGT) has ruled that, as these constitute mixed hospitality services, they must be taxed at the standard rate of 21%.
Cuestión planteada Tipo impositivo aplicable.
Los servicios de discotecas, salas de fiestas o similares que combinan restauración con actividades recreativas son servicios mixtos de hostelería y tributan al 21%. Este tipo se aplica aunque la restauración sea prestada por un empresario distinto al que explota el local, incluso si pertenecen al mismo grupo empresarial. No es posible fraccionar artificialmente la operación para aplicar el tipo reducido del 10%.
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