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V2525-19 ·18 September 2019 ·consulta-vinculante Medium impact
Tax

Transfer of real estate assets and loans without organisational structure is subject to VAT

A query was raised regarding whether the contribution of real estate assets and loans to a new company constitutes a transfer of an economic unit exempt from VAT. The DGT ruled that, as it does not include a structure of human or material resources allowing for the autonomous development of the activity, it is a mere transfer of assets subject to tax.

In 6 key points

How it affects those involved

This ruling clarifies that for a transfer to be considered an exempt transfer of an economic unit, there must be an established organisational structure. Without it, the transaction is treated as a taxable supply of goods/assets.

Lifecycle

2019-09-18PublishedPublished 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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