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A holding company has enquired whether the sale of a painting, which it owns but does not use in its economic activity, is subject to VAT. The DGT has ruled that, as the item does not form part of the business assets, the transaction is not subject to the tax.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de la referida entrega.
Para que una entrega de bienes esté sujeta al IVA, debe realizarse por empresarios o profesionales en el desarrollo de su actividad empresarial o profesional. Si el cuadro no se encuentra afecto a la actividad ni forma parte del patrimonio empresarial o profesional de la entidad, su transmisión no estará sujeta al Impuesto sobre el Valor Añadido.
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