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V2152-23 21 July 2023 · SG de Impuestos sobre el Consumo Criterion in force
IVA · derecho de superficie

Creation of surface rights subject to VAT as a supply of services

A natural person requested clarification regarding the VAT treatment of surface rights and the reversion of buildings. The DGT ruled that the creation of surface rights constitutes a supply of services subject to VAT, whereas the reversion of the building is a supply of goods that may be exempt.

The question raised

Taxation of surface rights for Value Added Tax purposes.

The DGT's ruling

The creation of a surface right constitutes a service subject to VAT, which accrues based on the enforceability of the royalties and the proportional part of the building's value as of December 31. The reversion of the building is a supply of goods which, being a second supply, is usually subject to but exempt from VAT. The taxable base is the sum of the royalties and the agreed value of the building that will revert.

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