You are processing the acquisition of a new tractor, intending to deliver another tractor you own. The appraisal price of this tractor could be higher than its net book value in the investment property record book. Reply st and nd Questions raised. In accordance with the provisions of article , section one of Law /, of December , on Value Added Tax (BOE of ), "Deliveries of goods and services carried out will be of the Tax by entrepreneurs or professionals for consideration, on a regular or occasional basis, in the development of their business or professional activity, even if they are carried out in favor of the partners, associates, members or participants of the entities that carry them out.
Section two, letter b) of said article establishes that "transmissions or transfers of use to third parties of all or part of any of the assets or rights that make up Buy Bulk SMS Service the business assets will be understood to be carried out in the exercise of a business or professional activity." or professional of the taxable persons, including those carried out on the occasion of the cessation of the exercise of the economic activities that determine the subjection to the Tax.
Article , section one of Law / This article provides that "the taxable persons covered by this special regime will not be subject, with regard to the activities included therein, to the obligations of liquidation, impact or payment of the Tax or, in general, to any of the established in Titles The previous rule will also apply with respect to the deliveries of investment goods other than real estate, used exclusively in the aforementioned activities. Consequently, the delivery of agricultural machinery (tractor) made by the consultant in the development of his business activity is subject to Value Added Tax .
However, the consultant who applies the special regime for agriculture, livestock and fishing of the Value Added Tax to his agricultural activity is not obliged to carry out the settlement or payment of the Value Added Tax for the delivery of the used tractor. object of consultation carried out, nor may the Tax be passed on to the purchaser of the same. rd Question raised The delivery of the used tractor implies for the consultant a capital gain or loss derived from an element affected by economic activity, since the tractor is a material element of fixed assets. It will be quantified by the difference between its transmission value (appraisal value of the tractor by the company that sells you the new tractor) and its acquisition value .