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A tenant of municipal rural land has enquired whether the City Council is obliged to issue an invoice. The DGT has determined that while the transaction is subject to VAT, it is exempt, and the obligation to invoice depends on the status of the tenant.
Cuestión planteada Obligación de expedir factura en virtud del contrato de arrendamiento descrito.
El arrendamiento de terrenos rústicos por un Ayuntamiento es una operación sujeta al IVA pero exenta según el artículo 20.Uno.23º de la Ley 37/1992. El arrendador está obligado a expedir factura si el arrendatario es empresario o profesional y así lo exige. Si el arrendatario actúa como particular no empresario, no existe obligación de expedir factura.
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