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A local council has requested clarification on the VAT rate applicable to the construction of a building comprising two dwellings and a commercial premises. The Directorate General for Taxes (DGT) has ruled that the reduced rate of 10% shall apply, provided the building is intended primarily for residential use.
Cuestión planteada Tipo del Impuesto sobre el Valor Añadido aplicable a dichas obras de promoción.
Las ejecuciones de obra para construcción o rehabilitación de edificios tributarán al 10% si se destinan principalmente a viviendas, entendiéndose por ello aquellas donde al menos el 50% de la superficie construida sea para dicho uso. Deben ser contratos directamente formalizados entre el promotor y el contratista. El Ayuntamiento tendrá la condición de empresario o profesional al ordenar la construcción para destinarla al alquiler.
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