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A property developer has requested a ruling regarding VAT on the sale of apartments involving advance payments and the free donation of one unit to the City Council. The DGT clarifies the tax accrual, the applicable rate, and the classification of the donation as self-consumption.
Cuestión planteada Las obligaciones tributarias que generan en el Impuesto sobre el Valor Añadido dichas operaciones.
El IVA se devenga en la entrega de bienes o en el momento de los pagos anticipados. Las viviendas y sus anexos tributan al 10% si son aptas para uso residencial. La donación gratuita al Ayuntamiento se considera autoconsumo, devengándose al ponerse el bien a disposición y con base imponible de coste o precio de mercado.
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