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A retiree enquired whether the sale of his timber stock following the cessation of his business activity was subject to VAT. The DGT ruled that business status is maintained until effective cessation and deregistration from the census take place; therefore, the sale of stock remains subject to the tax.
Cuestión planteada 1ª Sujeción al IVA de la venta del stock de madera.
La pérdida de la condición de empresario o profesional para el IVA no ocurre hasta que se cese efectivamente en la actividad y se formule la baja en el censo. Aunque se presente el modelo 036 de baja, si no hay cese efectivo, la obligación tributaria persiste. Si la transmisión de existencias forma parte del patrimonio empresarial, estará sujeta al IVA.
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