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A religious congregation enquired whether the sale of a building, which had previously been transferred free of charge for use as a school, is subject to VAT. The Directorate General for Taxes (DGT) ruled that, as no onerous business activities had been carried out using the property, the transaction is not subject to VAT but rather to Transfer Tax.
Cuestión planteada Si la transmisión de la edificación se encontrará sujeta y, en su caso, exenta del Impuesto sobre el Valor Añadido.
La transmisión no está sujeta al IVA porque el transmitente no tiene la condición de empresario o profesional al haber realizado exclusivamente cesiones gratuitas. Al no estar sujeta al IVA, la operación queda sujeta al Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados por el concepto de transmisiones patrimoniales onerosas.
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