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A taxpayer inquired whether the sale of two urban plots by his father (an entrepreneur) has expired and which tax should be settled. The DGT ruled that the transaction is subject to VAT instead of ITP, and clarifies when tax accruals and statutes of limitation occur.
Cuestión planteada
La transmisión de parcelas urbanas por un empresario en su actividad está sujeta al IVA y no al ITP, salvo que el inmueble goce de exención en el IVA. El devengo del IVA ocurre cuando se pone el bien a disposición del adquirente o en el momento del cobro de pagos anticipados. El derecho de la Administración para determinar la deuda prescribe a los cuatro años desde el día siguiente al fin del plazo para presentar la autoliquidación.
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