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A query was raised regarding the VAT liability of transferring an agricultural estate received as a dation in payment and its subsequent leasing. The DGT ruled that both the transfer of the land and the leasing of the estate, including irrigation elements or machinery, are exempt from VAT.
Cuestión planteada 1.- Sujeción y exención de la transmisión de la finca.
La transmisión de terrenos rústicos no edificables y sus construcciones indispensables para la explotación agraria está exenta. El arrendamiento de una finca rústica con sus construcciones agrarias es exento, aunque se incluyan elementos como maquinaria o sistemas de riego, siempre que no se trate del arrendamiento de un negocio o unidad económica. La exención del arrendamiento no se pierde por la inclusión de elementos necesarios para la actividad.
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