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The Spanish Tax Agency (DGT) determines that a foreign investor is a VAT entrepreneur and that the lease is subject to VAT because the manager sublets the property for commercial purposes.
Question raised 1. Whether Belgian investors or those from other Member States of the European Union are considered entrepreneurs or professionals for Value Added Tax purposes and the taxation of the transfer of use of the apartments to the management entity.
Los inversores que explotan bienes inmuebles mediante arrendamiento tienen la consideración de empresarios o profesionales en el IVA. El arrendamiento de estos apartamentos está sujeto al IVA (21%) porque la entidad gestora realiza una cesión posterior en el ejercicio de una actividad económica. Además, para que el inmueble sea establecimiento permanente, debe existir una estructura de medios humanos y técnicos suficientes en España.
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