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V0415-20 20 February 2020 · SG de Impuestos sobre el Consumo Criterion in force
IVA · derecho de superficie

Creation of a surface right is subject to VAT, with the taxable base including royalties and the building

A cooperative has requested a ruling regarding the VAT treatment for the creation of a surface right involving an annual royalty and the reversion of a building. The DGT determines that the transaction is subject to VAT, defines its accrual, and establishes how to calculate the taxable base.

The question raised

VAT treatment of said operation. In particular, taxable base, tax point, and tax rate.

The DGT's ruling

The establishment of surface rights constitutes a service subject to VAT. The tax point occurs when the fees become due and on December 31 for the proportional part of the value of the building that will revert. The taxable base shall be the sum of the fees and the agreed value of the building. The reversion of the building may also be subject to VAT, potentially being an exempt supply depending on the type of building.

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