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A query was raised regarding whether a homeowners' association governed by the Horizontal Property Act that does not carry out business activities is subject to VAT. The Directorate-General for Taxes (DGT) ruled that these associations are not businesses or professionals, but rather final consumers.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido.
Las comunidades de propietarios no reúnen los requisitos para ser consideradas empresarios o profesionales a efectos del IVA. Por tanto, actúan como consumidores finales, no pueden repercutir el impuesto a los comuneros mediante derramas ni deducir las cuotas soportadas. Las operaciones para el sostenimiento de elementos comunes no constituyen actividad empresarial o profesional.
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