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A company acquires a supermarket including its staff and agrees to a 25-year lease for the premises with the seller. The DGT rules that the transaction is not subject to VAT as it constitutes a transfer of an autonomous economic unit.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido.
La transmisión de elementos que constituyen una unidad económica autónoma capaz de desarrollar una actividad por sus propios medios no está sujeta al IVA. No perjudica la no sujeción que el inmueble no se transmita, sino que se ceda mediante un contrato de arrendamiento que permita la continuidad de la actividad. El hecho de que parte del precio se pague de forma aplazada no desvirtúa la naturaleza de la operación.
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