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An entity has requested a ruling on the taxation of the acquisition of a plot with a building slated for demolition, where the seller was a professional who had ceased their activity. The DGT has determined that the transaction is subject to VAT as it constitutes a building plot.
Cuestión planteada Tributación de la operación referida.
La entrega de un terreno edificable no está exenta de IVA, incluso si en él se asienta una edificación destinada a su demolición previa a una nueva promoción. Si el vendedor traslada los bienes de su patrimonio empresarial al personal, se producirá un autoconsumo sujeto al impuesto. La baja censal no determina por sí misma el cese de la actividad ni el traspaso de bienes al patrimonio personal.
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