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V1240-14 7 May 2014 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Reverse charge mechanism applies to earthmoving operations for construction works

A taxpayer has requested clarification regarding the VAT treatment of earthmoving works for a railway line. The DGT has determined that these operations constitute construction works and are therefore subject to the reverse charge mechanism.

The question raised

Question posed: Treatment of said operations for Value Added Tax purposes.

The DGT's ruling

Earthmoving for the execution of any type of construction work, building rehabilitation, or land development is considered the execution of works. Therefore, the reverse charge mechanism provided for in Article 84.One.2, letter f) of Law 37/1992 applies. For this mechanism to apply, the recipient must be a business or professional and the operations must result from urbanization, construction, or rehabilitation contracts.

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