Skip to content
Back to index
V0855-16 9 March 2016 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Reverse charge mechanism does not apply if the property is not pledged as security for the debt

An entity has enquired whether the transfer of land in satisfaction of a debt (dación en pago) that is not secured by a mortgage allows for the application of the VAT reverse charge mechanism. The DGT has ruled that, as there is no security interest over the property, the requirements for this mechanism are not met.

The question raised

Question posed: Applicability of the reverse charge mechanism under Article 84.One.2.e), third indent, of Law 37/1992.

The DGT's ruling

To apply the reverse charge mechanism according to Article 84.One.2.e), third indent, the transfer must involve real estate pledged as security for the fulfillment of a principal obligation. In the case of dation in payment, the reverse charge applies if the real estate is transferred to extinguish the guaranteed debt or if the acquirer undertakes to extinguish it. If the real estate is not pledged to the repayment of the debt and the debt is not guaranteed, the reverse charge does not apply and general VAT must be charged.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

Email
Contact