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A property development company has requested clarification on whether the transfer of five plots to a City Council in exchange for three others is subject to or exempt from VAT. The Directorate General for Taxes (DGT) ruled that, as these are building plots managed within the municipal land assets, the transaction is subject to VAT.
Cuestión planteada Sujeción y, en su caso, exención del Impuesto sobre el Valor Añadido de las entregas de las referidas parcelas.
Las actividades de gestión del patrimonio municipal del suelo tienen carácter empresarial, por lo que las transmisiones realizadas por el Ayuntamiento están sujetas al IVA. Al tratarse de parcelas con calificación de edificables, no es aplicable la exención de terrenos no edificables. La operación debe tributar al tipo impositivo general del 21 por ciento.
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