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A foreign commercial entity has requested clarification on whether the transfer of a plot of land acquired for residential construction is subject to or exempt from VAT. The Directorate-General for Taxes (DGT) has ruled that, as the land is classified as buildable, the transaction is subject to VAT and not exempt.
Cuestión planteada Si la entrega del solar se encontrará sujeta y, en su caso, exenta del Impuesto sobre el Valor Añadido.
La entrega de terrenos edificables, ya sean solares o terrenos con licencia administrativa para edificar, no se beneficia de la exención del artículo 20.Uno.20º de la Ley 37/1992. Por tanto, la transmisión de un solar urbano y edificable está sujeta y no exenta de IVA. Si el terreno fuera rústico o no se hubieran iniciado obras de transformación física, podría estar exento.
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