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A real estate developer has enquired whether the contribution of a building they constructed as capital to another company is subject to VAT and whether they can deduct the VAT paid on its construction. The DGT has ruled that the transaction is subject to the tax and that the right to deduction exists.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de la citada aportación de capital. En caso de no estar sujeta, deducibilidad de las cuotas soportadas en la construcción del edificio.
La aportación no dineraria de elementos del patrimonio empresarial a sociedades se considera una entrega de bienes sujeta al IVA. Al ser una operación sujeta y no exenta, la sociedad tiene derecho a deducir las cuotas soportadas en la adquisición de bienes y servicios destinados a la construcción del inmueble, siempre que se cumplan los requisitos legales.
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