Technical exemptions
The following operations are exempt
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The supply of goods that have been used by the transferor in carrying out exempt operations, provided that the taxpayer has not been granted the right to deduct all or part of the tax incurred in the acquisition of such goods or their component elements.
This exemption shall not apply:
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To the delivery of investment goods during their regularization period.
Example:
A company operating type B gaming machines sells several vans that it acquired more than 5 years ago and that it uses to transport said machines.
The operation of type B recreational machines is an exempt operation. The vans are used to carry out exempt operations and, therefore, due to their acquisition, the company was not able to deduct the input VAT . In this case, the delivery will be exempt, since the van (investment asset) is delivered once the deduction adjustment period has elapsed.
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For deliveries of real estate exempt from tax because it is non-buildable land, and for second or subsequent deliveries of buildings.
Example:
A doctor sells the premises where he had his practice, acquired 11 years ago, to a businessman who is entitled to a full tax deduction. The purchaser asks the doctor to waive the exemption and the doctor agrees.
The waiver of the exemption is correct, since the applicable exemption is that of real estate transactions (which can be waived) and not the technical exemption.
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Deliveries of goods whose acquisition would have determined the total exclusion of the right to deduct the input VAT .