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A community of property engaged in property leasing has requested clarification on whether the sale of building land is subject to VAT. The DGT ruled that, as the land is buildable and forms part of the business assets, the transaction is subject to the tax.
Cuestión planteada Sujeción de dicha transmisión al Impuesto sobre el Valor Añadido.
Las comunidades de bienes son sujetos pasivos del IVA cuando actúan como empresarios en el desarrollo de una actividad empresarial o profesional. La entrega de terrenos edificables, como los calificados como solares, no goza de la exención prevista para terrenos rústicos o no edificables. Por tanto, si el terreno forma parte del patrimonio empresarial, su transmisión está sujeta al tipo impositivo general del 21 por ciento.
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