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V0892-23 18 April 2023 · SG de Tributos Criterion in force
IVA · comunidad de bienes

A community of property over a usufruct may be registered in the census if it acts as an entrepreneur or professional

A query is made as to whether a community composed of the holders of the enjoyment of an estate may be registered in the Census of Entrepreneurs. The DGT responds that this is possible if the community holds the status of entrepreneur or professional and acts as such, jointly assuming the risk and venture of the activity.

The question raised

Question raised

The DGT's ruling

To be registered in the Census of Entrepreneurs, Professionals and Withholders, the entity must be a community of property and hold the status of entrepreneur or professional according to VAT regulations. In cases of split ownership, a community over the bare ownership and another over the usufruct may coexist. The community of property shall be a taxable person if there is a joint organization of means and a joint assumption of the risk and venture of the operations, and not if the operations refer individually to its members.

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