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A company sought clarification on the VAT rate applicable to the delivery of original sculptures and limited edition casts. The DGT ruled that if the company is not the author of the works, the standard rate of 21% must be applied.
Cuestión planteada Tipo impositivo aplicable a las entregas de dichos bienes.
El tipo reducido del 10% solo se aplica si la entrega la realiza el autor o sus derechohabientes, o un empresario distinto de un revendedor que haya soportado el impuesto en la adquisición previa. Si la sociedad no ostenta la condición de autora (salvo en obras colectivas) y las obras no han sido previamente adquiridas o importadas soportando el impuesto, se aplica el tipo general del 21%.
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