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V0835-22 ·19 April 2022 ·consulta-vinculante Medium impact
Tax

Sale of completed properties by a developer constitutes a first supply subject to VAT

A developer sought clarification on whether the sale of properties built in 2004, following a period of inactivity, was subject to or exempt from VAT. The DGT ruled that the company retains its status as a taxable person as long as its assets are not liquidated, and that the sale of said properties constitutes a first supply subject to the tax.

In 6 key points

How it affects those involved

This ruling clarifies that inactivity does not automatically strip a developer of their taxable status, ensuring that the sale of existing stock remains subject to VAT rather than being treated as a sale of assets.

Lifecycle

2022-04-19PublishedPublished 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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