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An individual rents a rural house to a company, which then sublets it to tourists while also providing cleaning and maintenance services. The DGT has ruled that the transaction is subject to VAT because the lessee subsequently transfers the property as part of a business activity.
Cuestión planteada Tributación de la operación de arrendamiento y obligaciones formales.
El arrendamiento de un inmueble destinado a vivienda deja de estar exento de IVA cuando el arrendatario realiza una cesión posterior en el ejercicio de una actividad empresarial o profesional. Si el arrendador presta servicios complementarios propios de la industria hotelera, la operación estará sujeta al tipo reducido del 10%. En caso contrario, se aplicará el tipo general del 21%.
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