As a general rule, sales tax does not apply to the sale of fixed assets, understanding as such personal property that is not disposed of within the ordinary course of business of the taxpayer. Therefore, whoever buys or imports a machine pays the tax, but if the machine constitutes fixed assets and is subsequently sold, sales tax does not apply to said sale.
It should be noted that article 420 of the Tax Statute establishes the general tax regime in accordance with which, all sales of personal property, provision of services in the national territory and import of personal property are subject to VAT, except the exceptions specifically indicated in the legal provisions.
The incorporation of personal property movable to real estate, or to non-taxed services, as well as the transformation of personal property taxed into non-taxable property, when such property has been built, manufactured, manufactured, processed, by the person who carries out the incorporation or transformation. You can make use of the www.taxfyle.com/sales-tax-calculator there.
- It is worth remembering that in the case of merger and spin-off of companies, there is no consideration of alienation between the merged companies, as provided for in article 428-2 in accordance with article 14-1 of the Tax Statute.
As it is observed, the sales tax falls on basic and general transactions, specifically on goods and activities, thus we find that it constitutes the event that generates this tax the sale in accordance with the definition that for the purposes of the tax contains article 421 of the Tax Statute, the importation of personal property not expressly excluded, as well as the provision of services in the national territory and the execution of games of luck and chance.
- All the acts that imply the transfer of the domain to TITLE, free or onerous, of movable personal property, independently of the designation that is given to the contracts or negotiations that originate that transfer and of the conditions agreed upon by the parties, whether they are carried out in the name own, on behalf of third parties in their own name, or on behalf of and on behalf of third parties;
It is necessary to consider that, the concept of sale for VAT purposes is not only what is usually understood in commercial operations, that is, exchanging a thing for a price, but it is broader, encompassing operations and transactions than for civil law and / or commercial they are not sales or formally they are not made appear as such, but for the sales tax they constitute generating fact.
Withdrawals of personal property made by the person responsible for its use or to form part of the company’s fixed assets;
The withdrawal of inventory made by the person responsible, for its use or to form part of the company’s fixed assets, is framed within the concept of sale and therefore constitutes the lien generating event, including the withdrawal of such assets to give them away.
To the extent that article 420 of the Tax Statute qualifies as a fact generating sales tax the sale and import of personal property that has not been expressly excluded, the existence of goods with their own characteristics that determine whether or not the operations carried out are framed within the parameters set forth by said provision.