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V1953-18 2 July 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IVA · derecho de superficie

Creation of surface rights subject to VAT; derived income exempt from Corporation Tax

A Catholic institution requested a ruling on the VAT, Transfer Tax (ITP), and Corporation Tax treatment regarding the creation of surface rights involving the delivery of works and their subsequent reversion. The Directorate-General for Taxes (DGT) determined that the operation is subject to VAT as a provision of services, and that income from royalties or rents is exempt from Corporation Tax for non-profit entities.

The question raised

1) What would be the treatment of the transaction for Value Added Tax purposes, in relation to the quantification of the taxable base and the application of the accrual of the constitution of the two surface rights and the corresponding partial deliveries as well as the reversions upon their extinction.

The DGT's ruling

The constitution of surface rights is assimilated to the leasing of assets and is a continuous transaction subject to VAT. Accrual occurs annually for the proportional part of the building that will revert and at the time of advance deliveries of goods. The reversion of the building may be subject to but exempt from VAT as a second delivery of buildings. The income derived from the consideration for these rights is exempt from Corporate Income Tax according to Law 49/2002.

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