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A company contracted for building renovation has queried whether subcontracted railing repairs are subject to VAT and which rate applies. The DGT has ruled that subcontracting does not permit the application of the reduced 10% rate, meaning the 21% rate must be applied.
Cuestión planteada Si la reparación subcontratada por la consultante está sujeta al Impuesto sobre el Valor Añadido y tipo impositivo aplicable.
El tipo reducido del 10% para la rehabilitación de edificaciones solo se aplica a las ejecuciones de obra fruto de contratos directamente formalizados entre el promotor y el contratista. Las obras realizadas por un subcontratista para el contratista principal no cumplen este requisito. Por tanto, las reparaciones subcontratadas por el contratista principal tributan al tipo general del 21%.
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