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V2208-24 14 October 2024 · SG de Impuestos sobre el Consumo Criterion in force
IVA · segunda entrega de edificaciones

SAREB commercial premises transfer subject to 21% VAT if exemption is waived

An entrepreneur has requested clarification regarding the taxable person and the VAT rate applicable to the acquisition of commercial premises from SAREB. The Directorate General for Taxes (DGT) indicates that the transfer is, in principle, a second exempt supply, but allows for the waiver of said exemption if the purchaser is entitled to VAT deduction.

The question raised

Taxable person for the delivery of the premises and the applicable tax rate.

The DGT's ruling

The transfer of a commercial premises constitutes a second or subsequent delivery of a building, and is therefore subject to but exempt from VAT. However, the transferor may waive the exemption if the transferee is a taxable person with the right to deduction. In the event that such a waiver occurs, the transaction will be taxed at the general rate of 21%, as business premises are not considered parts of buildings suitable for residential use.

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