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The DGT confirms that VAT can be deducted if goods and services are acquired with the intention of using them in business activities.
Question posed: Whether the taxpayer may deduct and, where applicable, request a refund of the VAT amounts incurred, even though income will only be generated once the exploitation of the medical device begins.
La condición de empresario comienza cuando se adquieren bienes o servicios con la intención de destinarlos a la actividad profesional. Las cuotas soportadas con anterioridad al inicio de las operaciones gravadas pueden deducirse conforme a los artículos 111, 112 y 113 de la Ley 37/1992. No se puede deducir nada si no existe la intención de utilizar los bienes o servicios en la realización de actividades empresariales.
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