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A company has requested a ruling on whether the sale of groundwater rights is subject to VAT and when the tax liability arises. The DGT has determined that the transaction is subject to the tax and that the tax point occurs upon the formalisation of the sale and purchase agreement, subject to the corresponding administrative authorisation.
Cuestión planteada Momento de devengo del Impuesto. Si la venta de los derechos de aguas es una actividad sujeta al Impuesto sobre el Valor Añadido
La cesión de derechos de agua a cambio de un precio pactado es una operación sujeta al IVA al tipo general del 21 por ciento. El devengo se produce en el momento en que, formalizado el contrato de compraventa, se disponga de la correspondiente autorización administrativa. No se descartan devengos previos si existen pagos a cuenta.
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