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V0801-26 10 April 2026 · SG de Impuestos sobre el Consumo Criterion in force
IVA · concesión administrativa

Transfer of a residential concession is subject to VAT at a possible 4% rate

A residential concession holder wishes to transfer the concession to another entity that will rent out the units. The DGT determines that the transaction is subject to VAT and the reduced rate of 4% applies if certain conditions are met.

The question raised

Type of Value Added Tax applicable to said transfer.

The DGT's ruling

The transfer of the administrative concession constitutes a supply of goods subject to VAT, as it does not involve the transfer of an autonomous economic unit but rather a mere assignment of goods and rights. Since the taxpayer is the developer and there has been no prior use, it is considered a first supply that is not exempt. The reduced rate of 4% shall apply if the acquirer applies the special regime of Chapter III of Title VII of Law 27/2014 and the income from the subsequent lease benefits from the reduction provided in Article 49.1 of said law.

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