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V0474-17 23 February 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · promotor

Transfer of social housing by a local council may be subject to 4% VAT if acting as a developer

A local council seeks clarification on the VAT treatment of transferring social housing after assuming the assets and liabilities of the municipal company that developed it. The Directorate General for Taxes (DGT) rules that the transaction is subject to VAT, with the rate depending on whether the council is deemed a developer and the specific classification of the housing.

The question raised

Question raised: Those related to the facts.

The DGT's ruling

The delivery of the dwelling is subject to VAT if the City Council acts as a taxable person. If the transfer of the assets and liabilities of the municipal company to the City Council was subject to the non-taxability provision of Article 7.1 of Law 37/1992, the City Council subrogates into the position of developer. In that case, the delivery shall be taxed at 4% if it is a social housing unit of a special regime, of public promotion, or with public protection that meets the surface area, price, and income parameters. In other cases, the rate shall be 10%.

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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