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A public utility association with member city councils has enquired whether it must issue an invoice for ordinary membership fees. The DGT has ruled that, although the fee is exempt from VAT, there is an obligation to issue an invoice when the recipient is a Public Administration.
Cuestión planteada Obligación de emitir factura.
Las cuotas fijadas en los estatutos para la defensa de intereses colectivos están sujetas pero exentas de IVA según el artículo 20.Uno.12º de la Ley 37/1992. No obstante, los empresarios están obligados a expedir factura por sus operaciones, incluidas las sujetas pero exentas, cuando el destinatario sea una Administración Pública. Por tanto, la federación debe emitir factura por las cuotas ordinarias giradas a los ayuntamientos.
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