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A religious entity has enquired whether leasing a property to provide free accommodation to a minister of religion is exempt from VAT. The Directorate General for Taxes (DGT) has ruled that the exemption depends on whether the lessee acts as the final consumer or whether the contract specifically designates the individual who will occupy the property.
Cuestión planteada Si dicho arrendamiento se encuentra exento del Impuesto sobre el Valor Añadido.
El arrendamiento de vivienda a un empresario o profesional que cede el uso a terceros está sujeto y no exento de IVA. No obstante, la exención se aplica si se acredita que no hay intención de explotar el bien y se designa específicamente en el contrato a la persona física que será la usuaria última, sin facultad para subarrendar o designar a otros posteriormente.
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