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A City Council has requested clarification on whether the economic compensation owed to a water concessionaire, resulting from a reduction in user tariffs, is subject to VAT. The Directorate-General for Taxes (DGT) has ruled that this amount does not constitute consideration for a service, but rather an indemnity without a consumption act.
Cuestión planteada Sujeción al Impuesto de dicha compensación económica.
La cantidad percibida por el concesionario debido a la rebaja de tarifas no constituye contraprestación por una operación sujeta al Impuesto. Para que exista sujeción, el pago debe retribuir una prestación de servicios que suponga un consumo. En este caso, al no existir un acto de consumo ni una prestación de servicios autónoma e individualizable, la indemnización no debe repercutir cuota de IVA.
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