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A company has enquired whether the importation of an aircraft engine for resale to the Ministry of Defence is exempt from VAT. The DGT has ruled that the exemption depends on which party is the taxable person for the importation.
Cuestión planteada Si la importación del referido motor se encontraría exenta del Impuesto sobre el Valor Añadido.
La exención en la importación de objetos para aeronaves (art. 27.3º Ley IVA) exige que el importador sea la entidad pública que utiliza la aeronave. Si el sujeto pasivo de la importación es el Ministerio de Defensa como destinatario o consignatario, se aplica la exención. Si el sujeto pasivo es la empresa consultante, la importación está sujeta al impuesto.
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