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V0826-20 13 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IVA · empresario o profesional

The occasional sale of a photographic mural is not subject to VAT if carried out without professional activity

A pensioner inquires whether the sale of a photographic mural owned by them is subject to VAT and Personal Income Tax (IRPF). The DGT determines that if the sale is occasional, isolated, and without intention of continuity, it is not subject to VAT, but the treatment under IRPF will depend on whether the work is the result of an artistic activity or a personal asset.

The question raised

Question posed: Taxation under VAT and IRPF regarding its sale.

The DGT's ruling

The delivery of a photographic mural is not subject to VAT if it is carried out in an occasional, isolated manner and without intention of continuity, outside of a business activity. If the sale is carried out with the intention of intervening in the market through the organization of production means, the seller shall be considered an entrepreneur or professional and the transaction shall be subject to the tax. Under IRPF, if the mural is an artistic work created by the inquirer, the income shall be professional; if it is an asset acquired for their personal estate, the sale shall generate a capital gain or loss.

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