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A coffee bar owner enquired whether the sale of a motorcycle, previously acquired through a leasing agreement, was subject to VAT. The Tax Agency ruled that because the vehicle was no longer allocated to the business following a regularisation of deductions, the sale is not subject to the tax.
Cuestión planteada Si la transmisión de la motocicleta se encontraría sujeta al impuesto sobre el Valor Añadido.
La entrega de bienes está sujeta al IVA cuando se realiza por empresarios o profesionales en el desarrollo de su actividad empresarial o profesional. Si la motocicleta no se ha encontrado afecta a ninguna actividad ni al patrimonio empresarial o profesional del sujeto pasivo, la entrega constituye una operación no sujeta al IVA. En este caso, la operación estará sujeta al Impuesto sobre Transmisiones Patrimoniales.
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