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V0270-14 4 February 2014 · SG de Impuestos sobre el Consumo Criterion in force
IVA · prestación de servicios

Leasing of truffle tree yields subject to 21% VAT as a service related to real estate

A company has requested clarification on whether the leasing of tree yields for a period of 15 to 20 years is subject to VAT. The DGT has determined that this constitutes a provision of services directly linked to real estate, and therefore the standard VAT rate must be applied.

The question raised

Question raised: Taxation of the operation subject to consultation.

The DGT's ruling

The operation is classified as a provision of services related to real estate, as the transfer of agricultural yield from a tree is directly, centrally, and indispensably linked to the land. Therefore, the service is located in the territory where the cultivation field is situated, regardless of the status of the recipient. As it is neither one of the specific services subject to a reduced rate nor a transfer of the use or enjoyment of goods, the general rate of 21% applies.

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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