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V3107-17 30 November 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
OTRO · bienes usados

Products with shrinkage are not second-hand goods; trading new goods requires specific IAE classifications

An entrepreneur sought clarification regarding IAE classification, the application of the second-hand goods VAT scheme, and the taxation of brokerage commissions. The DGT clarified that products with shrinkage do not constitute second-hand goods and that stock intermediation is classified as a service provision.

The question raised

In relation to: 1st, the Tax on Economic Activities, the headings in which the activities performed should be classified are consulted; 2nd, Value Added Tax, the following are consulted: the deduction by the taxpayer of the tax borne, whether the application of the equivalence surcharge regime is appropriate and whether it would constitute a differentiated sector of activity, and finally the application of the special regime for used goods, works of art, antiques and collectors' items and the calculation of the taxable base; and 3rd, with Income Tax on Individuals, the following are consulted: the taxation of the commissions received from the sale of lots or stocks and of the payments made to their owner, by virtue of the contract entered into, which derive from the sale of units thereof.

The DGT's ruling

Goods with tare or shrinkage are not considered used goods for the special VAT regime, and therefore must be taxed according to their nature. The retail trade of new goods requires registration under the corresponding headings according to the type of product. Intermediation activities on behalf of third parties through deposit contracts are considered a provision of services. The commissions received from these sales constitute income from economic activities.

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