Skip to content
Back to index
V1663-24 10 July 2024 · SG de Impuestos sobre el Consumo Criterion in force
IVA · exención

Sale of commercial premises may be subject to VAT if the seller waives the exemption

A property owner leasing commercial premises intends to sell them to the tenant. The DGT explains that the transaction may be exempt from VAT or subject to it through a waiver of exemption, provided certain requirements are met.

The question raised

Question posed: Liability and, where applicable, exemption from Value Added Tax regarding said delivery.

The DGT's ruling

The transfer of a building may be exempt from VAT if it is a second or subsequent delivery. However, the seller may waive this exemption if the acquirer is a taxable person with the right to deduction. In the event of a waiver, the reverse charge mechanism shall apply, whereby the acquirer is responsible for declaring and paying the tax.

Email
Contact