Skip to content
Back to index
V0686-14 12 March 2014 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Passive investment in real estate works applies if tax liability arises from 1 November 2012

The consultant asks whether passive investment applies to a property project started before the VAT law reform and completed afterwards. The DGT responds that the mechanism depends on when the tax liability arises.

The question raised

Question raised: Application of the reverse charge of the taxable person to a work commenced before the amendment of Article 84 of the VAT Law and concluded after said amendment.

The DGT's ruling

The reverse charge mechanism of the taxable person shall apply exclusively to transactions whose accrual occurs from 31 October 2012. If the payment of a work certificate is made before that date, the reverse charge does not apply. If the payment is made after 30 October 2012, the application of the reverse charge shall proceed.

Email
Contact