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A query was raised regarding the taxable person in the sale and purchase of commercial premises involving a waiver of the VAT exemption. The DGT ruled that, provided the requirements for the waiver are met, the purchaser shall be the taxable person for the transaction.
Cuestión planteada Sujeto pasivo de la operación.
El transmitente puede renunciar a la exención de las segundas y ulteriores entregas de edificaciones si el adquirente es un sujeto pasivo con derecho a la deducción total. En este supuesto, el adquirente será el sujeto pasivo de la operación. El transmitente debe comunicar la renuncia de forma expresa y el adquirente debe acreditar su condición de sujeto pasivo con derecho a la deducción total.
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