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A company requested clarification on whether the acquisition of investment gold from private individuals is subject to VAT. The DGT ruled that it is not subject to VAT as the transaction is not carried out by a business person, but it is subject to the ITPAJD (Personal Income Tax on Capital Gains and Transfers).
Cuestión planteada 1. Si la adquisición de oro de inversión está sujeta y al Impuesto sobre el Valor Añadido.
Las entregas de oro de inversión realizadas por particulares no están sujetas al IVA al no cumplir la condición de empresario o profesional. No obstante, estas transmisiones están sujetas al ITPAJD en la modalidad de transmisiones patrimoniales onerosas. El sujeto pasivo del ITPAJD será el adquirente de dicho oro.
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