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A company enquired whether the sale of a leisure craft was exempt from VAT on the basis that it had been acquired through the special scheme for second-hand goods. The DGT ruled that the transaction is subject to the tax.
Cuestión planteada Aplicación de la exención prevista en el artículo 20.Uno.25º de la Ley 37/1992.
La exención del artículo 20.Uno.25º de la Ley 37/1992 no se aplica porque la imposibilidad de deducir el IVA en la compra no deriva de las limitaciones de los artículos 95 y 96, sino de la propia regulación del régimen especial de bienes usados. Al no admitirse la analogía para extender exenciones, la entrega de la embarcación está sujeta al impuesto.
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