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An association that sells restored furniture and holds flea markets in exchange for donations has requested a ruling on its tax status. The DGT has determined that these supplies of goods are subject to VAT if carried out for consideration, unless the consideration is merely symbolic.
Cuestión planteada Tributación de las citadas entregas de bienes.
Las entidades sin ánimo de lucro son empresarios de IVA cuando realizan actividades de comercio o servicios a título oneroso asumiendo el riesgo. Si la contraprestación es meramente simbólica o desproporcionadamente inferior al valor de mercado, la operación se considera sin contraprestación y no hay sujeción al impuesto. La exención por asistencia social no es aplicable porque esta se refiere a prestaciones de servicios y no a entregas de bienes.
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