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A public entity managing residential, day care, and night care services has requested clarification on the applicable VAT rate. The DGT clarifies that the 4% reduced rate applies if the services are defined under Law 39/2006 and the price is pre-established through an administrative contract or agreed-upon places.
Cuestión planteada Tipo impositivo aplicable.
El tipo del 4% se aplica a teleasistencia, ayuda a domicilio, centro de día/noche y atención residencial definidos en la Ley 39/2006, siempre que se presten en plazas concertadas o mediante precios fijados por la Administración en contratos administrativos. Si el servicio se presta en régimen privado no concertado con precio pactado libremente, el tipo es del 10%. Los servicios de prevención y promoción de la autonomía no entran en el tipo del 4%.
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