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A query was raised regarding whether the compensation a landlord must pay to regain possession of a property before the end of a rural lease agreement is subject to VAT. The Directorate-General for Taxes (DGT) ruled that such compensation constitutes a taxable supply of services.
Cuestión planteada Sujeción de la operación al Impuesto sobre el Valor Añadido.
La renuncia a los derechos del arrendatario sobre la finca y las inversiones realizadas en ella, a cambio de una indemnización, supone una prestación de servicios sujeta al IVA. Esta operación constituye un acto de consumo al representar una ventaja para el arrendador, quien actúa como consumidor del servicio. La prestación queda gravada con el tipo general del 21 por ciento.
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