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A non-profit association has enquired whether leasing a property to provide it free of charge to its volunteers is exempt from VAT. The DGT has ruled that the transaction is subject to the standard rate of 21% as the requirements for exemption are not met.
Cuestión planteada Exención de dicho arrendamiento.
El arrendamiento de vivienda a un empresario o profesional para subarrendar o ceder su uso a terceros está sujeto y no exento de IVA. Para mantener la exención, debe acreditarse que no hay intención de explotar el bien y que la vivienda se destina a un uso efectivo por una persona física concreta designada en el contrato. En este caso, al destinarse a distintos voluntarios, no concurren las circunstancias para la exención.
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