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V2181-17 22 August 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Inversion of passive subject applies in rehabilitation works if qualitative and quantitative conditions are met

A company asks about the application of the passive subject's investment, the tax rate, and VAT deductibility in the rehabilitation of a building for homes and premises. The DGT explains that the passive subject's investment applies if the work is a rehabilitation meeting cost and technical nature limits, and determines the reduced tax rate based on the promoter's status and building use.

The question raised

Question raised 1.- Application of the reverse charge mechanism provided for in Article 84.One.2º, f) of Law 37/1992.

The DGT's ruling

The reverse charge mechanism for the taxpayer applies if subjective and objective requirements are met, including that the work constitutes rehabilitation pursuant to Art. 20.One.22º. To this end, more than 50% of the cost must be allocated to structural or analogous elements, and the total cost must exceed 25% of the value of the property excluding the land. The reduced rate of 10% applies if the applicant is a developer and the area intended for housing exceeds 50%. The deductibility of VAT will depend on whether subsequent activities are taxable or exempt, applying the pro rata rule if there are no separate sectors.

Apply this to a real case

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

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