How the DGT's position has evolved
Current position
The administrative concession of public domain assets is not subject to IVA (Value Added Tax), as the concessionaire only holds a possession subordinate to the public service. If the transfer is made regarding assets of a patrimonial nature and not through an administrative concession, the operation is subject to the tax. The deductibility of the quotas borne by the concessionaire depends on whether its operations are allocated to taxable or exempt activities.
The DGT's position remains constant in the distinction between public domain and patrimonial assets. The rulings confirm that the administrative concession of public domain assets does not constitute an operation subject to IVA. No changes in criterion are observed, but rather a coherent application of the legal nature of the asset and the concession regime.
Turning points
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Clarifies the distinction between public domain and patrimonial assets, noting that the transfer of public domain assets through a concession is not subject to IVA, whereas the transfer of patrimonial assets is.
Analysis based on 90 of 94 rulings with a stated position. Updated 21 September 2026.