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The DGT confirms that VAT deduction is possible if the intent to use artworks in business activity is proven and legal requirements are met.
Question posed: Whether the Value Added Tax amounts incurred in the acquisition of said works of art shall be deductible prior to the transfer thereof.
Las cuotas soportadas por la adquisición de obras de arte son deducibles si se afectan directa y exclusivamente a la actividad empresarial. Si la adquisición es previa al inicio de la actividad, se requiere acreditar la intención de destinarlas a la misma mediante elementos objetivos. Si la empresa opta por el régimen especial de objetos de arte, no podrá deducir las cuotas soportadas por la adquisición de los bienes que transmita bajo dicho régimen.
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