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V1652-14 27 June 2014 · SG de Impuestos sobre el Consumo Criterion in force
IVA · promoción en curso

Acquisition of an ongoing housing development is subject to VAT and does not qualify for the first delivery exemption

A construction company has enquired whether the purchase of an ongoing housing development from a financial institution (awarded via auction) is subject to VAT. The DGT has ruled that the transaction is subject to the tax because the first delivery exemption only applies to completed buildings.

The question raised

Question posed: Liability in the acquisition of an ongoing development.

The DGT's ruling

The transfer of an ongoing housing development by a financial institution is a transaction subject to VAT, as it acts as a taxable person. The exemption for the first delivery of buildings requires that the construction or renovation be completed, a requirement that is not met in an ongoing development. The entity acquiring the development becomes a developer upon continuing its construction.

Apply this to a real case

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

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