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V0452-20 ·26 February 2020 ·consulta-vinculante Medium impact
Tax

Leasing residential property to an association for onward transfer to third parties is subject to VAT if the end user is not specified in the contract

A social association has enquired whether residential leases intended for subsequent transfer to people at risk of social exclusion are exempt from VAT. The DGT has ruled that, as the end users are not designated in the original contract, the transaction is considered a sublease subject to the standard rate.

In 6 key points

How it affects those involved

This ruling clarifies that for VAT exemption to apply to residential leases, the contract must explicitly identify the end users; otherwise, the transaction is treated as a taxable sublease.

Lifecycle

2020-02-26PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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