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V0030-18 10 January 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · sujeción al impuesto

Transfer of a municipal public road in exchange for monetary compensation is not subject to VAT

A local council has requested clarification on whether the removal of a public road in exchange for cash compensation is subject to VAT. The Directorate General for Taxes (DGT) has ruled that the transaction is not subject to the tax, as it does not constitute a business activity.

The question raised

Question posed: Taxation under Value Added Tax regarding the operation.

The DGT's ruling

Public Administrations are considered entrepreneurs when they organize resources to carry out a business activity while assuming risk and uncertainty. The transfer of plots by public entities constitutes a business activity if the plots are allocated to a professional activity, if they have been urbanized by the entity, or if the transfer involves the organization of resources to produce goods or services. As it concerns a public road not allocated to a business activity, the operation is not subject to VAT.

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