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A company has requested clarification regarding the taxation of land subject to expropriation by a local council. The DGT indicates that transfers via expropriation are subject to VAT, but will be exempt if the land is rural, non-buildable, or intended for public roads.
Question raised: Taxation of the operation under Value Added Tax.
The transfer of land through compulsory expropriation is a supply of goods subject to VAT. However, the transaction shall be exempt if it concerns rural land, non-buildable land, or land intended exclusively for parks, gardens, or public road surfaces. The tax liability arises upon the occupation of the property or upon the advance payment of the fair price. Default interest of a compensatory nature does not form part of the taxable base.
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