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An individual has enquired whether the sale of a vehicle by a company that did not use it for its economic activities is subject to VAT. The DGT has ruled that if the asset does not form part of the business assets, the transaction is not subject to VAT, but rather to Transfer Tax.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de dicha entrega.
La sujeción al IVA depende de si la entrega es realizada por un empresario o profesional en el ejercicio de su actividad o si el bien forma parte de su patrimonio empresarial. Si el vehículo transmitido no está afecto a la actividad de la mercantil ni forma parte de su patrimonio empresarial, la entrega no está sujeta al IVA, sino al Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados.
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