Used goods, works of art, antiques and collectibles [Model 036]
This is a voluntary regime and is incompatible with the simplified regime.
The special regime for used goods, works of art, antiques and collector's items will apply exclusively to taxpayers of VATwho:
- have submitted the census declaration relating to the commencement or modification of the activities that determine their subjection to the Tax.
- are resellers of such goods.
For these purposes, is considered a reseller of goods to be a business person who regularly makes deliveries of goods that have been acquired or imported for subsequent resale.
The organizer of sales at public auction of the goods mentioned in the previous paragraph also has the status of reseller, when acting on his own behalf under a sales commission contract.
This special regime applies to deliveries of the following goods:
- Used goods: tangible movable property susceptible to durable use which, having been previously used by a third party, is susceptible to new use for its specific purposes.
- Art objects: Paintings, drawings, engravings, prints and lithographs, sculptures, statues, sculpture casts, tapestries, wall textiles, unique ceramic specimens, enamels on copper, photographs. All of them must meet certain requirements.
- Collectors' items Philatelic items, collections and specimens for zoological, botanical, mineralogical or anatomical collections, or those of historical, archaeological, paleontological, ethnographic or numismatic interest
- Antiques: Objects that are more than one hundred years old and are not art or collector's items
In no case will this special regime apply to investment gold as defined in article 140 of the VAT Law .
The determination of the taxable base of the deliveries of goods to which this special regime applies contemplates two modalities :
- Operation by operation
- Global profit margin