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A local council has enquired whether the auction sale of an unused piped gas network is subject to VAT. The DGT has ruled that the transaction is subject to the tax because gas distribution constitutes a business activity and the network does not qualify as a building.
Cuestión planteada Tributación en el Impuesto sobre el Valor Añadido de la referida operación.
La venta de la red de gas constituye una operación sujeta al IVA porque la distribución de gas es una actividad empresarial de las Administraciones Públicas. La red de gas canalizada no tiene la consideración de edificación, por lo que no se aplica la exención de primera entrega de edificación. El Ayuntamiento es el sujeto pasivo y debe aplicar el tipo impositivo general del 21 por ciento.
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