Skip to content
Back to index
V1266-25 9 July 2025 · SG de Impuestos sobre el Consumo Criterion in force
IVA · urbanización

Transfer of land requiring new urbanisation remains VAT-exempt

A company asks whether the sale of an urban plot intended for a hotel, requiring a Special Interior Reform Plan and unstarted urban works, is subject to VAT. The DGT states that, as no material works of transformation have been initiated, the delivery is subject to but exempt from VAT.

The question raised

Question posed: Whether the transfer of said plot for the purpose of hotel construction would be subject to, and if applicable, exempt from, Value Added Tax. If applicable, whether the reverse charge mechanism for the tax shall apply.

The DGT's ruling

If, in order for a plot of land to regain its status as buildable, a new urban development process is required whose physical works have not yet commenced, its supply is subject but exempt pursuant to Article 20.One.22 of the VAT Law. However, if the land is already a building plot, developed, or undergoing development, the supply shall be subject and not exempt. In the event of a waiver of the exemption by the transferor, the reverse charge mechanism shall apply.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

Email
Contact