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A company has requested clarification on whether the transfer of a small power plant, including its equipment and water use licence, is subject to VAT. The Directorate-General for Taxes (DGT) has ruled that the transaction is not subject to VAT provided that the transferred elements constitute an autonomous economic unit capable of conducting an activity in its own right.
Cuestión planteada Sujeción de la operación al Impuesto sobre el Valor Añadido.
Para que la transmisión no esté sujeta al IVA, el conjunto de elementos debe constituir una unidad económica autónoma con estructura organizativa de factores de producción materiales y humanos. Si la transmisión no incluye dicha estructura, cada elemento tributará de forma independiente. En caso de transmitirse edificaciones, estas podrían estar exentas por ser segundas o ulteriores entregas, salvo renuncia a la exención.
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