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A local authority has requested a ruling on whether providing irrigation ditch maintenance services in exchange for a plot of land and development rights is subject to VAT. The DGT has ruled that the services are subject to the tax as the consideration is not of a tax nature, and that the transfer of the plot and the rights are also taxable according to their specific nature.
Cuestión planteada Sujeción al Impuesto sobre el valor Añadido de dichas operaciones.
Los servicios de mantenimiento prestados por el Ayuntamiento están sujetos a IVA porque la parcela y los derechos urbanísticos no son contraprestaciones tributarias. La entrega de la parcela edificable está sujeta al impuesto, mientras que la de terrenos rústicos puede estar exenta. La entrega de derechos de aprovechamiento urbanístico se considera entrega de bienes y está sujeta al impuesto, devengándose cuando se produce su anuncio público o inscripción registral.
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