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A query was raised regarding whether the transfer of a hospitality business, including the sale of machinery, furniture, and the subrogation of the premises' lease agreement, is subject to VAT. The DGT ruled that the transaction is not subject to VAT as it constitutes an autonomous economic unit.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido.
La transmisión de elementos corporales e incorporales que constituyen una unidad económica autónoma capaz de desarrollar una actividad por sus propios medios no está sujeta al IVA. No impide la no sujeción que el local sea arrendado y que el adquirente se subrogue en dicho arrendamiento. Para que se aplique la no sujeción, el conjunto de elementos debe permitir desarrollar la actividad económica de forma autónoma.
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