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A carpenter ceased his business activities and declared the self-consumption of his assets (a warehouse and machinery) to settle VAT. The Directorate General for Taxes (DGT) ruled that if the intention is to use these assets for a new leasing activity, it does not constitute self-consumption, and therefore no VAT should be charged.
Cuestión planteada Corrección de la autoliquidación del Impuesto sobre el Valor Añadido declarando el autoconsumo, y en su caso, rectificación de las cuotas indebidamente repercutidas.
Si los bienes se destinan a una nueva actividad económica como arrendador, no se produce la operación de autoconsumo. El autoconsumo ocurre cuando se transfieren bienes del patrimonio empresarial al personal o al consumo particular. La condición de empresario se mantiene si existe la intención de realizar una nueva actividad empresarial, como el arrendamiento, confirmada por elementos objetivos.
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