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V2014-25 ·28 October 2025 ·consulta-vinculante Low impact
Tax

The transfer of a building by a business person may be subject to VAT or exempt depending on whether it is a second delivery or a rehabilitation

A company is selling its sole hotel building, agreeing that the buyer will hold part of the price to pay off the existing mortgage. The DGT examines whether the transaction is subject to VAT and who the VAT payer is.

In 6 key points

How it affects those involved

The transaction may be exempt from VAT due to the nature of the sale involving a mortgage retention, and the VAT liability depends on the classification of the buyer's obligation to settle the mortgage.

Lifecycle

2025-10-28PublishedPublished 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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