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An entity in insolvency proceedings asked whether the transfer of its plots is subject to VAT after requesting cancellation from the tax register. The DGT ruled that business status is maintained until the assets are fully liquidated and that land undergoing urbanisation does not qualify for the exemption applicable to rural land.
Cuestión planteada 1.- Si el traspaso de las parcelas consultadas estará sujeto al Impuesto sobre el Valor Añadido.
La condición de empresario no se pierde por el mero cese de actividad o la presentación de la baja censal si no se ha liquidado completamente el patrimonio. Las transmisiones de bienes que integren el patrimonio empresarial están sujetas al IVA. En el caso de terrenos en curso de urbanización, la transmisión queda sujeta y no exenta del impuesto.
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