This is the case of a transfer of a portfolio of insurance policies which includes all the necessary contracts for the necessary contracts for distribution, provisions and management. This transfer does not include the premises where the entity carries out the activity and the intellectual property rights are not included. intellectual property rights. In this respect, it should be noted that the exclusion of certain assets and liabilities in the transfer of business assets, such as the transfer of business assets, as in the case in question, does not constitute an obstacle, a of consultation does not constitute an obstacle, a priori, to be able to consider the application of the the application of the case of non-taxation provided for in Article 7.1 of Law 37/1992 on condition that the items effectively transferred are elements effectively transferred are accompanied by the necessary organizational structure of the material and human of material and human factors of production necessary to consider that an economic unit capable of functioning in a an economic unit capable of functioning autonomously. The information provided seems to indicate that a number of assets will be transferred to the company. the transfer of a series of assets and liabilities related to the exercise of the insurance activity, so that the real estate where the the real estate where the activity is carried out, as well as the intellectual property rights, would not seem to be intellectual property rights do not appear to be inherent and necessary assets for the transfer of the necessary for the transfer of the elements that are the object of the assignment to constitute the transfer of an operating company and that the the transfer of a going concern and for the transferred autonomous economic unit to be able to operate by its own means. economic unit transferred can operate by its own means. Consequently, and in the absence of other evidence, the transfer in question will not be subject to value added tax. will not be subject to Value Added Tax.
Source: audiconsultores-etlglobal.com
