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V0638-15 20 February 2015 · SG de Impuestos sobre el Consumo Criterion in force
IVA · régimen especial de la agricultura

Sale of rural property is subject to but exempt from VAT, unless the exemption is expressly waived

An owner of an agricultural holding under the special scheme inquires about the taxation of the sale of part of their rural property. The DGT indicates that the transaction is exempt from VAT, but allows for the waiver of this exemption so that the transaction becomes subject to VAT.

The question raised

Question raised - Taxation of said transaction in Value Added Tax.

The DGT's ruling

The transfer of rural land is subject to but exempt from VAT pursuant to Article 20.One.20º of Law 37/1992. Notwithstanding, the taxpayer may waive the exemption if the legal requirements are met, in which case the transaction shall be subject and not exempt. If the exemption is waived, the buyer shall be the taxable person and an invoice must be issued with the mention of reverse charge.

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What is published here, applied to a company or a specific case. The first meeting is free.

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