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V2296-24 5 November 2024 · SG de Tributos Criterion in force
IVA · fondo de capital-riesgo

Risk capital fund without legal personality: no entrepreneur status or obligation to file Model 347

A fund manager of a risk capital fund, exempt from VAT, asks whether the fund must submit the annual operation declaration with third parties. The DGT, following the TEAC ruling of 22 September 2021, concludes that risk capital funds do not have entrepreneur or professional status for VAT purposes. Therefore, they are not required to file Model 347.

The question raised

Question posed: Whether venture capital funds with VAT-exempt activities are required to submit the annual declaration of transactions with third parties.

The DGT's ruling

Venture capital funds are separate assets without legal personality managed by a management company. Pursuant to the TEAC resolution of September 22, 2021, they do not carry out business activities on their own account, nor do they organize production factors or assume business risk; their income derives from interest, dividends, and changes in net worth, which does not constitute economic activity. Consequently, venture capital funds do not have the status of entrepreneur or professional and are not required to submit an annual declaration of transactions with third parties.

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