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V2202-24 ·14 October 2024 ·consulta-vinculante Medium impact
Tax

Leasing a privately purchased vessel makes owner an IVA entrepreneur but does not allow deduction of original purchase IVA or generate autoconsumption upon cessation

The consultant bought a vessel for private use without claiming the IVA paid and later wished to lease it to third parties for up to three months a year. The DGT states that leasing establishes entrepreneur status for IVA purposes; however, the IVA paid on the original purchase cannot be deducted because the acquisition lacked entrepreneurial intent (Art. 93.4 Law 37/1992). The cessation of leasing and return to private use does not generate IVA autoconsumption since no IVA was previously deducted (Art. 7.7 Law 37/1992).

In 6 key points

How it affects those involved

The leasing of a privately acquired vessel triggers IVA entrepreneur status, but original purchase IVA cannot be deducted due to lack of entrepreneurial intent. No autoconsumption arises upon cessation due to absence of prior IVA deduction.

Lifecycle

2024-10-14PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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