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A taxpayer inquired about the VAT and Income Tax treatment of a property rented to an association for training purposes and to individuals for holiday use. The Directorate-General for Taxes (DGT) ruled that holiday rentals are exempt from VAT and constitute investment income for Income Tax purposes, whereas rentals to the association are subject to 21% VAT and may be classified as either an economic activity or investment income depending on whether specific requirements are met.
Cuestión planteada Tributación en IRPF y en IVA.
El arrendamiento para uso vacacional está exento de IVA si no incluye servicios de la industria hotelera. En IRPF, si no hay empleados ni servicios hoteleros, el alquiler vacacional es rendimiento de capital inmobiliario. El arrendamiento a la asociación cultural está sujeto al IVA al 21% y su calificación en IRPF dependerá de si se utiliza al menos un empleado con contrato laboral a jornada completa o si se prestan servicios hoteleros.
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