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V0130-18 25 January 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Reverse charge mechanism applies to building construction subcontracts

A company constructing a hotel has requested clarification on whether the reverse charge mechanism applies to subcontracted works. The DGT has ruled that it does apply, provided the works constitute construction execution and are carried out within the framework of the construction project.

The question raised

Question posed: Application of the reverse charge mechanism for Value Added Tax to the described operation.

The DGT's ruling

The reverse charge mechanism applies when the recipient is a business or professional, the operations constitute works execution, and they derive from urbanization, construction, or rehabilitation contracts. In the case of subcontractors, the reverse charge applies if the works constitute works execution and are carried out within the framework of the building construction project. It is not necessary for each isolated execution to be considered construction, but rather that the work as a whole is so considered.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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