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A nursery has enquired whether the rental of adjacent land for use as a garden is exempt from VAT. The DGT has determined that the transaction is subject to the tax at the standard rate.
Cuestión planteada A efectos del Impuesto sobre el Valor Añadido se consulta si el arrendamiento está exento de dicho tributo en base a lo previsto en el artículo 20, apartado uno, número 23º de la Ley 37/1992.
El arrendamiento de un terreno urbano destinado a ser jardín para que los niños de una guardería jueguen no se encuentra exento. Al afectarse a una actividad empresarial, la operación está sujeta al IVA con el tipo general del 21%.
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