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A builder requested clarification on the VAT rate applicable to the construction of a building where 20% is residential and 80% is commercial. The DGT ruled that because the residential area does not reach the 50% threshold, the standard VAT rate must be applied.
Cuestión planteada Tipo impositivo aplicable a las ejecuciones de obra en dicho inmueble.
El tipo reducido del 10% se aplica a ejecuciones de obras destinadas principalmente a viviendas, entendiendo por ello aquellas edificaciones donde al menos el 50% de la superficie construida se destine a dicho uso. Si la superficie dedicada a la vivienda no supera el 50% de la totalidad del edificio, el tipo impositivo aplicable será el general del 21%.
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