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An individual has enquired about the taxation of the purchase and sale of a painting collection to a Swiss company. The DGT has determined that the transfer of movable property by a business owner as part of their professional activity is not subject to this tax.
Cuestión planteada Tributación de la referida operación.
La transmisión de bienes muebles realizada por un empresario en el ejercicio de su actividad constituye una operación no sujeta al concepto de transmisiones patrimoniales onerosas. Esto se basa en el artículo 7.5 del TRLITPAJD, cuyas excepciones solo se aplican a transmisiones inmobiliarias y no alcanzan a las de carácter mobiliario.
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