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V1874-14 14 July 2014 · SG de Impuestos sobre el Consumo Criterion in force
IVA · no sujeción

Transfer of a leasing economic unit is not subject to VAT

A company has requested clarification on whether the sale of its financial leasing activity, through the segregation of a block of its assets, is subject to VAT. The DGT has ruled that the transaction is not subject to the tax, as it constitutes the transfer of an autonomous economic unit.

The question raised

Subjectivity to Value Added Tax of said operations.

The DGT's ruling

The transfer of a set of tangible and intangible elements that form an autonomous economic unit capable of carrying out an activity by its own means is not subject to VAT. In this case, the transfer of the leasing business, which includes legal relationships, human resources, intellectual property rights, contracts, and a technological platform, is considered a transfer of a universality of assets. Therefore, the non-subjectivity provided for in Article 7.1 of Law 37/1992 is applicable.

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