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V1252-17 23 May 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · derecho de superficie

VAT applies to the creation of surface rights and the reversion of buildings

A company has requested clarification regarding the VAT treatment of a surface right where the building will revert to the landowner. The DGT has determined that both the creation of the right and the subsequent delivery of the building are subject to VAT.

The question raised

1.- Accrual and taxable base of the operations.

The DGT's ruling

The constitution of surface rights is a successive operation subject to VAT, the accrual of which occurs annually based on the proportional part of the reversion of the building. The delivery of the building to the owner is considered a supply of goods (lease-sale) and its accrual occurs when the asset is placed in the possession of the acquirer. The taxable base for the delivery of the building is its construction cost, excluding lease payments. Maintenance and cleaning services constitute an independent supply of services that accrues when the consideration becomes due.

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