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A query was raised regarding whether payments made to a tenant to waive their rights over rural land are subject to VAT. The DGT has determined that such an operation constitutes a provision of services subject to the tax.
Cuestión planteada Sujeción de la operación al Impuesto sobre el Valor Añadido.
La renuncia de derechos por parte de un arrendatario, que tiene la consideración de empresario o profesional, constituye una prestación de servicios sujeta al IVA. El importe recibido como indemnización se considera una contraprestación que supone un acto de consumo y una ventaja para quien la paga. Esta operación queda gravada con el tipo general del 21 por ciento.
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