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An individual who is not a business owner acquired new properties in a judicial auction within insolvency proceedings. The DGT has determined that, as the buyer is not a business or professional, the reverse charge mechanism does not apply and the seller must charge VAT.
Cuestión planteada Procedimiento a seguir para el ingreso de la cuota impositiva correspondiente.
La inversión del sujeto pasivo en entregas de inmuebles por proceso concursal solo se aplica si el destinatario actúa como empresario o profesional. Si el adquirente es un consumidor final, el sujeto pasivo es la entidad concursada transmitente. En este caso, la transmitente debe repercutir la cuota en factura y el adquirente debe soportarla.
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