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A developer has enquired whether works to rectify construction defects in third-party buildings can be classified as renovation to apply the reverse charge mechanism. The DGT clarifies that two cumulative requirements must be met: the primary objective must be reconstruction (with more than 50% of the cost allocated to structural elements, facades, or roofs) and the cost must exceed 25% of the building's value, excluding the land.
This ruling clarifies the strict criteria for developers and contractors seeking to apply the VAT reverse charge mechanism to renovation projects, highlighting the need for precise cost allocation and valuation.
The tax team reviews your specific situation.
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