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V3270-17 21 December 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · unidad económica autónoma

Transfer of real estate without an organisational structure is subject to VAT as it does not constitute an economic unit

A company has enquired whether the acquisition of two properties intended for hotel use, without any other elements of the business, is subject to VAT. The DGT ruled that, as it does not include an organisational structure of production factors, it constitutes a mere transfer of assets subject to the tax.

The question raised

Question posed: Liability of said operation to Tax.

The DGT's ruling

The transfer of assets does not constitute an autonomous economic unit if it is not accompanied by an organizational structure of material and human production factors that allows for the development of an economic activity. In this case, by transferring only the real estate and its facilities without licenses, personnel, furniture, or contracts, the operation is a mere transfer of assets subject to VAT. Each element must be taxed independently according to the applicable rules.

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