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V0255-14 31 January 2014 · SG de Impuestos sobre el Consumo Criterion in force
IVA · primera entrega

The transfer of dwellings without a first occupancy license is taxed at the general VAT rate of 21%

The taxpayer asks whether the delivery of dwellings with a final certificate of completion but without a first occupancy license is considered the first delivery of a completed building. The DGT responds that, as the license is not held at the time of delivery, the reduced rate does not apply, but rather the general rate.

The question raised

Issue raised: Taxation of the transfer of buildings by the taxpayer.

The DGT's ruling

The delivery of buildings is considered a first delivery when there is a final certificate of completion accrediting that the construction is finished. However, for a dwelling to be fit for use and for the reduced rate to apply, it must possess a certificate of habitability or a first occupancy license. If such a license is not held at the time of delivery, the applicable tax rate shall be the general rate of 21%.

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