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A query was raised regarding whether the sale of a building plot by a financial institution, acquired through mortgage foreclosure, is subject to VAT. The DGT has determined that the transaction is subject to the tax, as the seller is a business entity and the land is a building plot.
Cuestión planteada Si la operación consultada está sujeta al impuesto sobre el valor añadido.
La transmisión de terrenos por un empresario o profesional está sujeta al IVA. No se aplica la exención de terrenos no edificables cuando el objeto es un solar o terreno con licencia administrativa para edificar. La exención solo procedería si el terreno fuera rústico, estuviera en curso de urbanización sin ser edificable, o se destinara a parques y jardines públicos.
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