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V0067-22 18 January 2022 · SG de Impuestos sobre el Consumo Criterion in force
IVA · solar

The transfer of an urban and buildable plot of land is subject to and not exempt from VAT

A real estate company inquires whether the sale of a developed and buildable plot of land acquired at auction is subject to or exempt from VAT. The DGT determines that, as it is land with the status of a plot or buildable land, the exemption for rural land does not apply.

The question raised

Question posed: Whether the transfer made of the referred plot of land will be subject to and, if applicable, exempt from Value Added Tax.

The DGT's ruling

The transfer of buildable land, whether as a plot or land with an administrative license to build, does not benefit from the exemption provided in Article 20.One.20º of Law 37/1992. Therefore, the transfer of an urban and buildable plot of land is subject to and not exempt from VAT. The exemption only applies to rural land or land undergoing urbanization that does not have the status of buildable land, unless it is intended for parks or public roads.

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