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V3215-18 18 December 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · precio público

Municipal swimming pool services for public fees are subject to but may be exempt from VAT

A city council inquires regarding the liability and exemption from VAT in the management of a swimming pool through public fees. The DGT determines that the activity is subject to the tax because the public fee is not of a tax nature, but it may be exempt if it concerns services for the practice of sport or physical education.

The question raised

Question posed: Liability, and where applicable, exemption, of the described operations for Value Added Tax.

The DGT's ruling

The management of a swimming pool by a city council through public fees is subject to VAT as it constitutes a non-tax consideration. Services for the practice of sport or physical education by natural persons are exempt pursuant to Article 20.One.13º of Law 37/1992. For leisure services, the exemption will depend on whether they meet the requirements of said regulation or other exemptions such as that of Article 20.One.14º; otherwise, they shall be subject to the general rate of 21%.

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