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V2475-17 3 October 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IVA · unidad económica autónoma

Acquisition of a client portfolio without organisational structure is subject to 21% VAT

A query was raised regarding whether the purchase of a client portfolio and low-value furniture from a professional is subject to VAT or Transfer Tax (ITP). The DGT ruled that, as it does not constitute an autonomous economic unit, the transaction is subject to VAT at the standard rate.

The question raised

Taxation of the acquisition of a client portfolio.

The DGT's ruling

The transfer of a client portfolio does not constitute an autonomous economic unit capable of carrying out an activity on its own, and is therefore considered a mere assignment of rights. As it is a transaction carried out by a professional in the course of their activity, it is subject to VAT at the general rate of 21%. Regarding Personal Income Tax (IRPF), payments for the acquisition are not deductible expenses, but shall be recognized through the amortization of intangible assets.

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