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A foundation sought clarification on whether the annual fee received for leasing a hunting estate was exempt from VAT. The DGT ruled that the transaction is subject to VAT at the standard rate because the object of the contract is the hunting rights rather than the land itself.
Cuestión planteada Sujeción del pago del canon al Impuesto sobre el Valor Añadido.
La cesión del aprovechamiento de un coto de caza es una operación sujeta al IVA, ya que el objeto del contrato es el aprovechamiento cinegético y no el terreno. Por tanto, no se aplica la exención de arrendamientos de terrenos para explotación agraria. La fundación que realiza la cesión tiene la condición de empresario y debe aplicar el tipo impositivo general del 21%.
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