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A local neighbourhood board enquired whether its wastewater treatment services were subject to VAT. The DGT ruled that if the service is part of the integrated water cycle, it is subject to the tax; however, if it is an isolated sanitation service charged via a fee, it is not.
Question raised 1.- Tax liability of the aforementioned services provided by the requesting entity.
Las Administraciones Públicas realizan actividades sujetas al IVA cuando realizan la distribución de agua y otras actividades del ciclo integral del agua. Si el servicio de saneamiento se presta conjuntamente con el suministro de agua en el marco del ciclo integral, está sujeto al impuesto. No obstante, si el servicio de saneamiento se efectúa de forma aislada y se cobra mediante una tasa, no estará sujeto al IVA según el artículo 7.8º de la Ley 37/1992.
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