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V1794-15 8 June 2015 · SG de Impuestos sobre el Consumo Criterion in force
IVA · primera entrega

The transfer of real estate may be subject to VAT or exempt depending on the type of previous lease and its duration

A company inquired about the taxation of the purchase of a building comprising offices, dwellings, and garages that had been leased. The DGT explains when the transfer constitutes a first supply (subject to VAT) or a second supply (exempt) based on the type of rental contract and the period of use.

The question raised

Question raised: Taxation of the aforementioned operation.

The DGT's ruling

The transfer of real estate by the developer is a first supply subject to VAT, unless there has been uninterrupted use by the owner or lessees without an option to purchase for at least two years. Leases with an option to purchase never exhaust the first supply, so the subsequent sale remains a first supply subject to VAT. If, following a lease with an option to purchase, a lease without an option to purchase was entered into, the transfer shall be exempt only if the use without an option to purchase exceeded two years. The waiver of exemption is possible if the foreseeable use of the property allows for deduction, as in the case of offices.

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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