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A company partially owned by a City Council undergoing dissolution has enquired whether the allocation of three plots to the Council is subject to VAT. The DGT ruled that the allocation of assets from a business estate during a liquidation is considered a supply of goods subject to the tax.
Cuestión planteada Sujeción y, en su caso, exención del Impuesto sobre el Valor Añadido de la referida adjudicación de los solares.
La adjudicación de inmuebles por parte de una sociedad a su socio en caso de disolución tiene la consideración de entrega de bienes según el artículo 8.2.2º de la Ley 37/1992. Por tanto, la operación está sujeta al IVA, debiendo la sociedad transmitente repercutir la cuota si se trata de terrenos edificables.
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