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A local council has requested clarification on whether concession fees for a car park and payments for works already executed are subject to VAT. The Directorate General for Taxes (DGT) has ruled that the concession fee is not subject to the tax, whereas the consideration for the works carried out constitutes a supply of goods subject to the standard rate.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de las operaciones anteriores.
Las concesiones administrativas no encuadradas en las excepciones del artículo 7.9 de la Ley 37/1992 no están sujetas al IVA. Sin embargo, el pago por una obra en curso ya ejecutada no constituye un canon, sino una entrega de bienes sujeta al impuesto. El tipo aplicable para dicha entrega de bienes es el general del 21 por ciento.
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