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A commercial property owner sought clarification on whether leasing premises was subject to VAT, given that the tenant used them for non-profit recreational activities. The DGT ruled that the leasing of commercial premises is subject to the tax, as the VAT exemption only applies when the property is used exclusively for residential purposes.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido del arrendamiento descrito.
El arrendamiento de un inmueble solo está exento de IVA cuando su destino efectivo es el uso exclusivo como vivienda. El arrendamiento de un local de negocios con fines distintos a la vivienda está sujeto al impuesto, independientemente de que el arrendatario desarrolle actividades lúdicas sin ánimo de lucro. El propietario debe repercutir el tipo general del 21 por ciento.
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