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A real estate agency has enquired whether the payment of a deposit to reserve a property is subject to VAT. The DGT has ruled that liability depends on whether the person transferring the property is a business owner or a professional, and that the tax becomes due at the time such an amount is collected.
Cuestión planteada Si el pago de la citada señal por reserva de un bien inmueble está sujeta al Impuesto sobre el Valor Añadido.
La sujeción al IVA de la señal depende de que la transmisión del inmueble sea realizada por un empresario o profesional. Si la operación es sujeta y no exenta, el impuesto se devenga en el momento del cobro total o parcial de la cantidad percibida por concepto de señal o arras. En caso de renuncia a la exención, el sujeto pasivo será el empresario o profesional adquirente.
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