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V1285-20 6 May 2020 · SG de Impuestos sobre el Consumo Criterion in force
IVA · primera entrega

Property delivery may be VAT liable or exempt depending on whether it is first or subsequent delivery

A company asks whether the acquisition of real estate for rental is subject to VAT or Property Transmissions. The DGT states that the transaction is subject to VAT if it is the first delivery, but exempt if it is a second or subsequent delivery of buildings.

The question raised

Question posed: Liability of the aforementioned transaction for Value Added Tax or for Transfer Tax and Documented Legal Acts, as well as, where applicable, the application of the reverse charge mechanism.

The DGT's ruling

The supply of real estate shall be subject to VAT if it constitutes the first supply of a building. It shall be exempt if the requirements of Article 20.One.22º are met, i.e., if it is a second or subsequent supply. The taxable person may waive the exemption if the acquirer is entitled to deduction. In the event of an exemption, the transaction shall be taxed under Transfer Tax.

Apply this to a real case

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

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