Dietary services and packages of such services in the form of regular advice and consultation shall be exempt from VAT if they have been provided by persons with professional dietary qualifications. This is due to the interpretation of the National Tax Information Director at 13 December 2017 The signature. 0114-KDIP4.4012.475.2017.1.AKO.
The scope of this interpretation is dieting services on dietary guidance through consultation, dietary planning and supplementation for those who come forward with specific problems when they are used to prevent, preserve and improve patients' health, performed by a person who has the right to acquire professional qualifications to provide health services.
The applicant for interpretation is a legal person who is a CIT taxable person and an active VAT taxable person. The activity is based on diet advice provided online. The offer is addressed to both those who care about healthcare prevention and those who need dietary advice due to health problems.
The applicant sought information on whether its dietetic advice activities could be exempted from VAT (medical services are in principle subject to VAT exemption).
In this interpretation, the tax authority considered it justified to exempt from VAT on the basis of Article 43(1)(19) point (c) of the VAT Act.
The tax authority indicated that the scope of the VAT exempt medical services in question was not clearly defined in the VAT Act. At the same time, he pointed out that national legislation on medical care is an implementation into the Polish legal order of the provision Article 132(1) points (b) and (c) Directive 2006/112 Council of 28 November 2006 For this reason, the tax authority considered it necessary to refer to the case law of the Court of Justice of the EU in this regard.
The tax authority referred to the decision of the TEU No. C-106/05 that:
„the terms ‘medical care’ and ‘medical care services’ ... refer to services which are used to diagnose, care and, where possible, treat diseases or health disorders.
It follows from this ruling that the scope of the exemption covers medical services aimed at improving health. This in turn makes dietary advice subject to VAT exemption, as they aim to prevent or improve health.
The tax authority pointed out the need for the second condition – such services must be provided by a person with the appropriate professional qualifications in order to be exempt from VAT.