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A property development company has enquired whether the sale of urban land classified as a building plot to an individual is exempt from VAT. The DGT has ruled that the transaction is subject to the tax and that the exemption for non-buildable land does not apply.
Cuestión planteada Exención de la mencionada transmisión.
La entrega de bienes realizada por una sociedad mercantil se considera actividad empresarial sujeta a IVA, independientemente de si el destinatario es empresario o no. El terreno objeto de transmisión no goza de la exención del artículo 20.Uno.20º de la Ley 37/1992 porque, al estar calificado como solar, se considera un terreno edificable. Por tanto, la sociedad debe repercutir el impuesto al adquirente.
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