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V1470-22 21 June 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Sale of private art collection is not subject to IAE or VAT and is taxed under Personal Income Tax

An individual requested a ruling regarding the taxation of the sale of a graphic work from their collection to a public administration. The DGT has determined that the transaction is not subject to IAE or VAT, as it constitutes an isolated sale of private assets, and that the resulting gain is subject to Personal Income Tax (IRPF).

The question raised

Taxation in IAE, VAT, and IRPF.

The DGT's ruling

The sale of personal assets does not constitute a taxable event for IAE purposes. For VAT, the supply is not subject to tax when carried out on a punctual, isolated basis and without intention of continuity by a person who is neither an entrepreneur nor a professional. For IRPF, the transfer generates a capital gain or loss that is integrated into the savings tax base.

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