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A query was raised regarding whether the transfer of a company whose assets are limited to machinery and stock is exempt from VAT. The DGT ruled that the transaction is subject to the tax because it does not constitute an autonomous economic unit.
Cuestión planteada Sujeción de la operación.
Para que la transmisión de un conjunto de elementos no esté sujeta al IVA, estos deben constituir una unidad económica autónoma capaz de desarrollar una actividad empresarial por sus propios medios. La mera transmisión de bienes, como la venta de existencias, no cumple este requisito. En este caso, al aportar solo maquinaria y existencias, no se transmiten medios suficientes para realizar una actividad económica de forma autónoma.
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