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V1991-21 ·24 June 2021 ·consulta-vinculante Medium impact
Tax

Transfer of premises and garages via land swap subject to VAT with a one-year period for tax liability

A City Council enquired whether the transfer of a commercial premises and garage spaces, received as consideration for subsoil, was subject to VAT. The DGT ruled that, if it is the developer's first supply, the transaction is subject to the standard rate of 21%.

In 6 key points

How it affects those involved

This ruling clarifies the VAT treatment for land swaps involving property transfers, confirming that such transactions are subject to VAT if they constitute the developer's first supply, and establishes the rules for tax accrual and the period for tax liability.

Lifecycle

2021-06-24PublishedPublished 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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