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A query was raised regarding whether the purchase of a storage unit at a judicial auction, arising from a company's insolvency proceedings, is subject to the VAT reverse charge mechanism. The DGT ruled that, as the purchaser is an end consumer and not a business person, the reverse charge mechanism does not apply, and the seller must charge VAT.
Cuestión planteada Sujeción de la operación al Impuesto sobre el Valor Añadido o a Transmisiones patrimoniales.
La regla de inversión del sujeto pasivo para entregas de bienes inmuebles en un proceso concursal solo se aplica si el destinatario actúa como empresario o profesional. Si el adquirente es un consumidor final, el sujeto pasivo es la entidad transmitente, que debe repercutir la cuota del IVA al tipo general del 21%.
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