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A real estate developer sought guidance on the VAT treatment following the cancellation of a land swap agreement for future works, where no assets were returned but a cash payment was made. The DGT ruled that, as this constitutes a modification of the taxable base rather than an undue payment, the tax must be rectified through a credit note and regularised in the tax return.
Companies involved in land swaps or complex real estate transactions must ensure that any cancellation or modification of the agreement is correctly reflected through credit notes and tax return adjustments to comply with VAT regulations regarding taxable base modifications.
The tax team reviews your specific situation.
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