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V0676-20 ·3 April 2020 ·consulta-vinculante Medium impact
Tax

Properties without a first occupation licence subject to 21% VAT unless exempt

A company has requested clarification on the VAT rate applicable to the purchase of four new-build single-family homes from Sareb that lack a first occupation licence. The DGT explains that the transaction may be exempt if it constitutes a second or subsequent delivery; however, if VAT is applicable, the rate will depend on whether the property is deemed fit for residential use.

In 6 key points

How it affects those involved

This ruling clarifies the VAT implications for new-build properties lacking formal occupation licences, potentially increasing the tax burden from reduced rates to the standard 21% rate if exemption criteria are not met.

Lifecycle

2020-04-03PublishedPublished 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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