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V1204-22 27 May 2022 · SG de Impuestos sobre el Consumo Criterion in force
IVA · expropiación forzosa

The expropriation of rural land and its temporary transfer of use are subject to but exempt from VAT

A company owning rural land inquires about the taxation of the partial expropriation of its land and the temporary transfer of use of a portion for construction works. The DGT determines that both operations are subject to VAT but benefit from the corresponding exemption as they involve rural land.

The question raised

Question posed Whether said operations would be subject to and, where applicable, exempt from Value Added Tax.

The DGT's ruling

The expropriation of rural land is considered a supply of goods subject to VAT, but it is exempt as it involves non-buildable land intended for public use road surfaces. Likewise, the temporary transfer of use of said land is a provision of services subject to the tax, but it is also exempt as it involves the leasing of rural land.

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