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V1971-18 2 July 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · derecho de superficie

Creation of a surface right with lease treated as a supply of goods subject to VAT

A company sought clarification on whether the creation of a surface right, involving the obligation to construct and lease a building to the owner, was subject to VAT. The DGT ruled that the transaction qualifies as a supply of goods and that the tax becomes due when the building is placed at the owner's disposal.

The question raised

Question raised 1.- Taxation under Value Added Tax of the aforementioned operation.

The DGT's ruling

The creation of a surface right where the building will revert to the owner is assimilated to a lease-sale of goods. VAT accrual occurs when the building is placed in the possession of the landowner. The taxable base is the market value of the surface right created. Monthly lease payments are not taxed separately, as the operation is configured as a supply of goods.

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