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The DGT states that the transfer of a comunero's share is not subject to VAT if the comunero is not an entrepreneur or professional, and the community carries out the rental activity.
Question raised For the purposes of Value Added Tax, the liability of the transfer of the ownership share in the real estate assigned to the community of property carried out by the co-owner is questioned.
Una comunidad de bienes es sujeto pasivo del IVA si ordena medios y asume riesgos de forma conjunta en una actividad empresarial. Sin embargo, la transmisión de la cuota de participación de un comunero persona física no está sujeta al IVA si este no tiene la condición de empresario o profesional por sí mismo. El hecho de participar en una comunidad que desarrolla una actividad no convierte al comunero en empresario.
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