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V3176-19 13 November 2019 · SG de Impuestos sobre el Consumo Criterion in force
IVA · unidad económica autónoma

Transfer of customer portfolio subject to VAT as not a separate economic entity

An economist enquiries whether the sale of their customer portfolio to a company, with a final price to be determined after cessation of activity, is subject to VAT. The DGT responds that the transaction is subject to tax because the portfolio alone does not constitute a separate economic entity.

The question raised

Taxation of the operation under Value Added Tax.

The DGT's ruling

The transfer of a client portfolio does not constitute an autonomous economic unit, but rather a mere transfer of rights subject to VAT at 21%. The tax is accrued at the time of the transfer using a provisional amount based on well-founded criteria. If the final price differs, the taxable person must rectify the tax amounts upwards or downwards, even if they have already ceased their professional activity.

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