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A local council consulted whether granting the use of public domain premises to a company in exchange for a quarterly fee was subject to VAT. The DGT has ruled that this operation is not subject to the tax.
Cuestión planteada Sujeción de la citada concesión al Impuesto sobre el Valor Añadido.
La ocupación o aprovechamiento de inmuebles de dominio público mediante concesión o autorización administrativa es una operación no sujeta al IVA, según el artículo 7.9º de la Ley 37/1992. Esto se aplica siempre que no se trate de las excepciones específicas de dominio público portuario, aeropuertos o infraestructuras ferroviarias.
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