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V2962-15 7 October 2015 · SG de Impuestos sobre el Consumo Criterion in force
IVA · encomienda de gestión

Services provided through instrumental proprietary means via management mandates under specific conditions are not subject to VAT

A municipal capital commercial company asks whether its services provided through management mandates are subject to VAT. The DGT responds that they are not subject to VAT when acting as an instrumental internal resource of the Administration, but they are subject to VAT when providing services to third parties or through collaboration agreements.

The question raised

Question raised 1st Liability for Value Added Tax of the operations carried out by the applicant derived from management mandates where the consideration consists of the municipal transfers received.

The DGT's ruling

Services provided by a public commercial company by virtue of management mandates are not subject to VAT if it holds the status of an instrumental internal resource and technical service of the mandating Public Administration. However, provisions derived from collaboration agreements with other independent Administrations or services to private companies are subject to the tax. In the event of performing both taxable and non-taxable operations, the deduction regime for tax quotas shall apply pursuant to Article 93.5 of the VAT Law.

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