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A company has requested clarification on whether establishing an easement over part of its premises, to allow a community to install an elevator, is subject to VAT. The DGT has ruled that the transaction constitutes a taxable supply of services and is not exempt.
Cuestión planteada Sujeción al Impuesto de la citada operación.
La constitución de una servidumbre es una prestación de servicios sujeta al IVA. Al no estar incluida en las exenciones de los artículos 20.1.23º letras a) y b) de la Ley 37/1992, la operación debe tributar al tipo general del 21 por ciento.
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