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An individual building a house for personal use decides to sell it to a third party before construction is completed. The DGT rules that the transaction is not subject to VAT as it is not carried out by a business or professional, but it is subject to Stamp Duty (ITP).
Cuestión planteada Impuesto o impuestos que gravan la referida transmisión e importe de los mismos.
La cesión de derechos de compraventa por parte de un particular que no tiene la condición de empresario o profesional no está sujeta al IVA. No obstante, dicha transmisión queda sujeta a la modalidad de Transmisiones Patrimoniales Onerosas del ITP y AJD. El tipo de gravamen aplicable será el establecido por la Comunidad Autónoma correspondiente.
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