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A local authority has enquired whether the sale of plots obtained through compulsory transfer under urban planning legislation is subject to VAT. The Directorate General for Taxes (DGT) has ruled that the transaction is subject to the tax, as it is carried out for consideration and in the course of a business activity involving the management of municipal land assets.
Cuestión planteada Tratamiento de la operación en el ámbito del Impuesto sobre el Valor Añadido.
La transmisión de terrenos que forman parte del patrimonio municipal del suelo constituye una actividad empresarial, ya que dicho patrimonio tiene carácter empresarial sin excepción. Al tratarse de la venta de solares (terrenos edificables) mediante contraprestación, la operación está sujeta al IVA al tipo general. No aplica la exención de terrenos no edificables porque los solares se consideran edificables según la normativa.
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