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A non-profit association renting properties to provide free housing to people at risk of social exclusion has requested clarification on whether these transactions are subject to VAT. The Spanish Tax Agency (DGT) has ruled that such rentals are exempt, provided the tenant acts as a final consumer rather than a business or professional.
Cuestión planteada Sujeción y en su caso exención.
Las asociaciones sin ánimo de lucro son empresarios de IVA cuando realizan actividades económicas de forma continuada y asumen riesgos. El arrendamiento de inmuebles para vivienda está exento si el arrendatario es el consumidor final, incluso si permite que otras personas usen la vivienda. Si el arrendatario no tiene la condición de empresario o profesional, el alquiler de la vivienda estará exento de IVA aunque se ceda a terceros.
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