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A company in liquidation enquired whether the transfer of its industrial property and collection rights was exempt from VAT as they were its sole assets. The DGT has ruled that, as the company lacks an organisational structure of production factors, the transaction constitutes a mere transfer of rights subject to tax.
This ruling clarifies that the transfer of assets by a company in liquidation is only exempt from VAT if it constitutes a transfer of a business undertaking. Without an organised structure, it is treated as a taxable sale of rights.
The tax team reviews your specific situation.
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