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A religious congregation has requested clarification on the VAT rate applicable to renovation and improvement works on a seminary that includes residential quarters for priests. The Directorate General for Taxes (DGT) has ruled that a 10% rate applies, provided the works meet the requirements for building rehabilitation and the building is primarily used for residential purposes.
Cuestión planteada Tipo impositivo aplicable a las obras señaladas.
El tipo del 10% procede en ejecuciones de obra de rehabilitación de edificios destinados principalmente a viviendas, donde al menos el 50% de la superficie sea para dicho uso. Para ser consideradas de rehabilitación, las obras deben cumplir que su objeto principal sea la reconstrucción (más del 50% del coste en elementos estructurales, fachadas o cubiertas) y que el coste exceda el 25% del valor de mercado del inmueble sin el suelo. Si no se cumplen estos requisitos, se aplicará el tipo general del 21%.
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