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V2393-21 23 August 2021 · SG de Impuestos sobre el Consumo Criterion in force
IVA · derechos de pesca profesional

The sale and purchase of professional fishing rights are subject to VAT at 21% and do not benefit from the exemption under Article 22

The inquiry asks whether the sale and purchase of professional fishing rights may benefit from the VAT exemption provided for vessels and their equipment. The DGT responds that these rights possess an autonomous entity distinct from that of the vessel, and therefore cannot be assimilated to objects incorporated into the vessel nor to services for the vessel.

The question raised

Question posed: Application of the exemption provided in Article 22 of Law 37/1992 to the sale and purchase of professional fishing rights.

The DGT's ruling

The sale and purchase operations of professional fishing rights are not included in the exemption of Article 22 of Law 37/1992. As they have a direct relationship with the business activity but an autonomous entity from the vessel, these operations are subject to the general rate of 21%. They are not considered either the delivery of objects incorporated into the vessel or services to meet its direct needs or cargo requirements.

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