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Conflict No. 10. Value Added Tax. Exempt activities Artificial interposition of a company for the deduction of input VAT

For the purposes of the provisions of article 206.bis of Law 58/2003, of December 17, General Tax Law and in accordance with the provisions of article 194.6 of the General Regulations on actions and procedures for tax management and inspection and development of common rules for procedures for the application of taxes, approved by Royal Decree 1065/2007, of July 27, a copy of the report of the Advisory Committee on the conflict in the application of the rule relating to the taxpayer "Z INMOBILIARIA" is hereby published.

The Report declares that there is a conflict in the application of the tax norm in a case of artificial creation and interposition of an entity, Z INMOBILIARIA, which carries out the construction of an educational complex and the acquisition of the necessary furniture, to rent it in non-market conditions to another entity linked without the right to deduct Input VAT, Z EDUCACIÓN, for its exploitation as a school in application of a special educational method.