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A British branch in Spain transfers all elements of its activity to a new German branch as part of a restructuring. The DGT has ruled that this transaction is not subject to VAT, as it constitutes the transfer of an autonomous economic unit.
La transmisión de un conjunto de elementos corporales e incorporales que constituyan una unidad económica autónoma capaz de desarrollar una actividad por sus propios medios no está sujeta al IVA. Para que se cumpla este supuesto, los elementos transmitidos deben ser suficientes para permitir el desarrollo de una actividad económica autónoma en la sede del transmitente. En este caso, la transmisión de activos, pasivos, contratos laborales y licencias permite considerar que existe la necesaria estructura organizativa de factores de producción.
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