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The DGT confirms that communities of property must comply with RSIF requirements if acting as entrepreneurs or professionals and issuing invoices in their capacity as VAT payers.
Cuestión planteada
Las comunidades de bienes se incluyen en el ámbito de aplicación del RSIF si desarrollan una actividad económica conforme a la legislación del IVA. Para ello, es necesario que la facturación se efectúe en tanto que sujetos pasivos del impuesto. Esto requiere que las operaciones y el riesgo de las mismas se refieran a la comunidad de forma indiferenciada y no a sus miembros.
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