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A query was raised regarding the VAT treatment of land acquisition through the execution of works and its subsequent contribution to a company. The DGT clarifies that if the land is already undergoing urbanisation or is already urbanised, the supply is subject to VAT and the rural land exemption does not apply.
Cuestión planteada La relacionada en los hechos.
La entrega de terrenos en curso de urbanización o urbanizados por un empresario está sujeta y no exenta de IVA. Si la contraprestación es la ejecución de una obra, la base imponible será el valor acordado entre las partes. En ejecuciones de obra entre promotor y contratista, se aplica la inversión del sujeto pasivo. La condición de sujeto pasivo de una comunidad de bienes depende de si existe una ordenación conjunta de medios y asunción conjunta de riesgos.
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