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A public entity sought clarification on whether the sale of three urban plots (undeveloped land) via public auction was subject to VAT. The DGT ruled that the management of municipal land assets constitutes a business activity and, as the plots are buildable, the transaction is subject to the tax.
Cuestión planteada Tributación de la operación a efectos del Impuesto sobre el Valor Añadido.
La entrega de terrenos por parte de entidades públicas es empresarial cuando se realiza en la gestión del patrimonio municipal del suelo, el cual constituye un patrimonio empresarial. Al tratarse de parcelas con calificación de edificables, no se aplica la exención de terrenos no edificables. Por tanto, la operación está sujeta al IVA al tipo general del 21 por ciento.
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