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A taxpayer wishes to transfer a café-bar business (furniture, fittings, and stock) without including the premises, which will be leased to the acquirer for five years. The DGT rules that this transaction is not subject to VAT, provided that the lease allows for the long-term continuity of the business activity.
Cuestión planteada Sujeción al Impuesto del traspaso del negocio de café-bar.
La transmisión de una unidad económica autónoma no está sujeta al IVA aunque no se transmita la propiedad del inmueble. Si el local es necesario para la actividad, la no sujeción se mantiene si el inmueble se pone a disposición mediante un contrato de arrendamiento que permita al adquirente disponer de él de forma duradera para el ejercicio de la actividad económica.
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