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A local authority has requested clarification on whether the transfer of land divided into developable plots and a green area is subject to or exempt from VAT. The Directorate General for Taxes (DGT) has ruled that the transfer is subject to tax as it constitutes a business activity, and the exemption for non-buildable land does not apply because the land has been urbanised.
Cuestión planteada Si dicha transmisión se encontrará sujeta y, en su caso, exenta del Impuesto sobre el Valor Añadido.
Las entregas de terrenos por parte de Ayuntamientos que forman parte del patrimonio municipal del suelo se consideran actividades empresariales sujetas al IVA. La exención para terrenos no edificables no se aplica a terrenos urbanizados o en curso de urbanización, salvo que se destinen exclusivamente a parques, jardines públicos o superficies viales de uso público. En este caso, al ser terrenos urbanizables, la entrega está sujeta al tipo general de IVA.
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