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A company inquired whether the sale of a vessel, which it had previously leased to its partner, was subject to VAT. The DGT ruled that, as it was determined that the lease did not constitute a business activity, the supply of the asset is not subject to the tax.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de las referida transmisión.
La entrega de un bien no está sujeta al IVA si no se encuentra afecto a ninguna actividad empresarial o profesional a efectos de dicho impuesto. Para ser empresario, se requiere la ordenación de factores de producción para desarrollar una actividad empresarial o profesional asumiendo el riesgo y ventura. Si el bien no forma parte del patrimonio afecto a la actividad, la operación no está sujeta.
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