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A company has requested clarification on whether the transfer of a small power plant, including its equipment and water use licence, is subject to VAT. The Directorate-General for Taxes (DGT) has ruled that the transaction is not subject to VAT provided that the transferred elements constitute an autonomous economic unit capable of conducting an activity in its own right.
This ruling clarifies the conditions under which the transfer of assets can be treated as a transfer of a business undertaking, thereby avoiding VAT liability if the assets form a functional economic unit.
The tax team reviews your specific situation.
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