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A query was raised regarding whether the granting of an administrative contract to operate a municipal swimming pool is subject to VAT. The DGT has determined that the administrative concession itself is not subject to the tax, although the services provided by the concessionaire to users may be.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de la operación descrita.
La concesión administrativa para la explotación de una instalación deportiva de titularidad pública, ofrecida de forma genérica a los administrados, no está sujeta al IVA. Por tanto, el Ayuntamiento no debe repercutir cuota al concesionario por la concesión. No obstante, esto no impide que los servicios prestados por el concesionario a los usuarios finales sí puedan estar sujetos al impuesto.
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