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An individual inquired whether the assignment of their right to use and enjoy a resident parking space is subject to VAT. The DGT ruled that, as the inquirer does not hold the status of a business or professional, the transaction is not subject to the tax.
Cuestión planteada Si la cesión del derecho de uso y disfrute se encuentra sujeta al Impuesto sobre el Valor Añadido.
Para que una entrega de bienes o prestación de servicios esté sujeta al IVA, debe ser realizada por empresarios o profesionales a título oneroso. En este caso, al no acreditarse que el consultante sea empresario o profesional en la transmisión del derecho, la operación queda no sujeta al impuesto.
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