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V0905-24 24 April 2024 · SG de Impuestos sobre el Consumo Criterion in force
IVA · unidad económica autónoma

Asset transfers upon company dissolution are subject to VAT as they do not constitute an autonomous economic unit

A construction company is dissolved, and its assets (garages and a plot of land) are allocated to its partners. The DGT has ruled that the transfer of these assets is subject to VAT because they do not form an autonomous economic unit, although it examines potential exemptions based on the type of property.

The question raised

Question posed: Liability for Value Added Tax and Corporate Transactions Tax.

The DGT's ruling

The transfer of real estate (garages and land) following the dissolution of a company is subject to VAT as it constitutes a mere transfer of assets without an organizational structure that constitutes an autonomous economic unit. The garages may be subject and exempt if they are second or subsequent deliveries, or subject and not exempt if they are first deliveries. The land may be exempt if it is rural and non-buildable, unless waived.

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