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A buyer requests improvements (an awning) to a property under construction before taking possession. The DGT has ruled that if these works are agreed with the developer, they are subject to 10% VAT as part of the sale price; however, if contracted directly with a builder or after handover, the 21% rate applies.
Cuestión planteada Tipo impositivo aplicable a efectos del Impuesto sobre el Valor Añadido de las mejoras solicitadas en la vivienda que le va a ser entregada.
Las mejoras realizadas por el promotor en una vivienda pendiente de entregar se consideran un mayor importe del precio de venta y tributan al 10% de IVA. Si las obras son contratadas directamente por el adquirente con un constructor (no el promotor), se aplica el 21%. Asimismo, no aplica el tipo reducido del 10% para renovaciones si la construcción no ha concluido al menos dos años antes de las obras.
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