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V0602-15 18 February 2015 · SG de Impuestos sobre el Consumo Criterion in force
IVA · régimen especial de bienes usados

Sale of a leisure craft acquired under the second-hand goods scheme is subject to VAT

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.

The question raised

Application of the exemption provided in Article 20.One.25º of Law 37/1992.

The DGT's ruling

The exemption provided in Article 20.One.25º of Law 37/1992 does not apply because the impossibility of deducting VAT on the purchase does not derive from the limitations of Articles 95 and 96, but from the regulation of the special regime for second-hand goods itself. As analogy is not permitted to extend exemptions, the delivery of the vessel is subject to the tax.

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