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A taxpayer acquired land to build their primary residence through self-build construction. The DGT ruled that, as the purpose is not the sale or transfer of the property, the individual does not act as a businessperson or professional and therefore cannot deduct VAT.
Cuestión planteada Posibilidad de deducción del Impuesto sobre el Valor Añadido devengado en la adquisición del terreno
Para ser considerado promotor, el propietario debe destinar las edificaciones a su venta, adjudicación o cesión por cualquier título. Al realizar una autopromoción para uso propio, la persona no tiene la condición de empresario o profesional a efectos del IVA. Por tanto, no podrá deducir la cuota del impuesto soportada por dicha actividad.
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