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V0671-15 26 February 2015 · SG de Impuestos sobre el Consumo Criterion in force
IVA · régimen especial de la agricultura, ganadería y pesca

Special VAT regime for agriculture and livestock may apply if IRPF exclusion stems from a different activity

A taxpayer operating both a tobacco shop and a livestock business asks whether they can apply the special VAT regime for agriculture. The DGT clarifies that it depends on whether the use of the direct estimation method for IRPF is mandatory due to the tobacco shop or due to a voluntary waiver.

The question raised

Question raised: Taxation under Value Added Tax in relation to agricultural and livestock activities.

The DGT's ruling

If the obligation to tax under the direct estimation method for Personal Income Tax (IRPF) arises from performing another activity (tobacco shop) that does not allow for the objective estimation method, it is not excluded from the special VAT regime for agricultural and livestock activities. However, if the application of the direct estimation method in the agricultural and livestock activity is due to a voluntary waiver of the objective estimation method for Personal Income Tax (IRPF), it is excluded from the special VAT regime and must be taxed under the general regime.

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