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A local council sought clarification on whether payments received for waiving pre-emption and redemption rights over certain plots of land were subject to VAT. The DGT ruled that such a waiver constitutes a taxable supply of services if the council is acting as a business or professional.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de la renuncia al derecho de tanteo y retracto por parte del consultante.
La renuncia a un derecho de tanteo y retracto constituye una prestación de servicios a efectos del IVA. Esta operación estará sujeta al impuesto siempre que el sujeto que realiza la renuncia actúe en condición de empresario o profesional. La base imponible será el importe total de la contraprestación acordada y se aplicará el tipo general del 21 por ciento.
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