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A company requested clarification on the VAT rate applicable to the construction of an educational centre following a municipal concession. The DGT ruled that the standard 21% rate must be applied, as the building is not intended for residential use.
Cuestión planteada Tipo impositivo aplicable a las obras de construcción del centro educativo a efectos del Impuesto sobre el Valor Añadido.
El tipo reducido del 10% solo se aplica a ejecuciones de obra destinadas principalmente a viviendas, entendiendo por ello aquellas donde al menos el 50% de la superficie construida se use para este fin. Al tratarse de la construcción de un centro educativo, no se cumplen los requisitos para el tipo reducido y corresponde el tipo general del 21%.
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