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V3939-16 ·20 September 2016 ·consulta-vinculante Medium impact
Tax

Sale of assets from a gym without an organisational structure is subject to VAT

An entity inquired whether the acquisition of gym machinery and furniture, alongside a new lease agreement and own staff, constitutes a transfer of a business unit exempt from VAT. The DGT ruled that, as no organisational structure capable of carrying out the activity independently is being transferred, it is merely a transfer of assets subject to tax.

In 6 key points

How it affects those involved

This ruling clarifies that for a transfer to be exempt from VAT under the business unit transfer rules, the assets must include an established organisational structure. Without this, the transaction is treated as a standard sale of goods subject to VAT.

Lifecycle

2016-09-20PublishedPublished 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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