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Do³±czy³: 10 Mar 2024 Posty: 1
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Wys³any: Nie Mar 10, 2024 07:59 Temat postu: How the lease of a property used for hunting is taxed |
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Several individuals, acting as lessors, sign a lease contract for hunting exploitation of rural properties to a Hunters Association as lessee. How should this situation be declared? This operation must carry VAT, but are private tenants required to register in the corresponding economic activity and submit Form on a quarterly basis? Could they simply declare said VAT through Form for non-periodic settlement? Regarding withholding, should the lessor party withhold any amount from the lessee? The Legal Office of Excellent Advisor, made up of experts in tax, labor, commercial and accounting matters, has recently received this consultation.
In the following lines we are going to try to shed light on this issue. Index Value Added Tax Personal Buy Bulk SMS Service Income Tax Value Added Tax This issue has been addressed by the DGT in the binding consultation V-, of October , , pointing out, based on articles Uno and Uno.c) of the LIVA, that the transfer to third parties of the Hunting use of a mountain for a certain period of time and in exchange for a price is an operation subject to Value Added Tax, with the person carrying it out being qualified as an entrepreneur for the purposes of said Tax, and subject to the obligations derived from such tax (such as periodic presentation of declarations-settlements). It also clarifies that the assumption of exemption contemplated in article One.
Land leasing) of the LIVA is not applicable or is applicable to the operation of transfer of the hunting exploitations subject to consultation, which, consequently, will be subject and not exempt from Value Added Tax, the lessor being obliged to pass on the corresponding fee in accordance with the provisions of article of the Tax Law. This assumption of exemption would apply to the leases of farms for agricultural exploitation and the leases of pastures existing therein, but not the leases or transfers of land for hunting, since in these the object of the contract is not the land. , but rather its hunting use. Personal Income Tax In the Personal Income Tax , the existence of obligation will depend on the classification of the income and the condition of the tenant.
In this sense, they are obliged to practice retention: “a) Legal persons and other entities, including communities of owners and entities under the income allocation regime. b) Taxpayers who carry out economic activities, when they satisfy income in the exercise of their activities. c) Natural persons, legal entities and other entities not resident in Spanish territory, which operate there through a permanent establishment. _________________ Buy Bulk SMS Service |
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