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V1635-25 15 September 2025 · SG de Impuestos sobre el Consumo Criterion in force
IVA · cesión de uso

The transfer of use of housing in cohousing is considered a service exempt from VAT under certain conditions

A cooperative sought clarification regarding VAT on the transfer of use of dwellings within a cohousing model involving additional services, as well as the taxable person's status in construction. The DGT ruled that the transfer of use is exempt from VAT as it is not classified as hotel services, and that the reverse charge mechanism applies to the construction phase.

The question raised

Question raised: Liability and, where applicable, exemption from Value Added Tax on the indicated operations. Taxable person for Value Added Tax in the construction of the dwellings.

The DGT's ruling

The assignment of use of dwellings is considered a provision of services and is exempt from VAT provided that it does not include complementary services characteristic of the hotel industry. Reception, laundry, cleaning of common areas, or repair services are considered customary for a community of owners and are not hotel services. In the execution of works for the construction of dwellings, the reverse charge mechanism applies when the recipient is an entrepreneur or professional.

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

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