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A local council has enquired whether the purchase of a property built by a married couple for their own use is subject to VAT. The DGT ruled that, as there was no intention to sell or transfer the property, the owners do not qualify as entrepreneurs or professionals, and therefore the transaction is not taxable.
Cuestión planteada Tributación de la adquisición de la edificación por parte del consultante, a efectos del Impuesto sobre el Valor Añadido.
Para ser empresario o profesional en la promoción de edificaciones debe existir la intención de vender, adjudicar o ceder el inmueble. Si la construcción se realiza exclusivamente para uso propio sin ánimo de lucro o venta, la posterior transmisión no está sujeta al IVA por no ser realizada por un empresario en el ejercicio de su actividad.
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