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A real estate developer has requested clarification on whether the free transfer of a building's ground floor to a local council for public facilities is subject to VAT. The Directorate General for Taxes (DGT) has ruled that the transaction is subject to the tax, as it is considered the self-consumption of goods.
Cuestión planteada Si dicha entrega se encontraría sujeta al Impuesto sobre el Valor Añadido.
La entrega de un local realizada por un empresario en el desarrollo de su actividad está sujeta al IVA. Al realizarse de forma gratuita, la transmisión del poder de disposición sobre bienes del patrimonio empresarial se considera autoconsumo de bienes. Al ser la primera entrega de una edificación tras su construcción, la operación está sujeta y no exenta del impuesto.
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