Skip to content
Back to index
V2003-18 4 July 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · urbanización de terrenos

Land transfers for urbanisation services may be subject to VAT or exempt depending on the owner's status

A public urbanisation entity has requested a ruling on the VAT and ITPAJD (Transfer Tax and Stamp Duty) treatment of operations arising from a PAI (Urbanisation Action Plan). The DGT clarifies that the entity acts as a fiduciary entrepreneur and analyses the taxability of payments in kind, allocation surpluses/deficits, and compensation payments.

The question raised

Question raised: Taxation of operations under Value Added Tax and under Transfer Tax and Documented Legal Acts Tax.

The DGT's ruling

Regarding VAT, the consulting entity is a taxable person and the urbanization works are subject to tax; owners who are not taxable persons acquire such status upon the first installment if they intend to sell the land. Payments in kind for urbanization services are supplies of goods subject to VAT, although they may be exempt for non-buildable land (with the possibility of waiver). Indemnities for loss of surface area due to transformation centers are not subject to VAT as they do not constitute consideration. In ITPAJD, transfers are subject to tax only if they are not subject to VAT, except for the specific exemptions provided in the Land Law.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

Email
Contact