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The DGT clarifies that IVA and ITP applicability depends on whether the sale is the first or a subsequent delivery.
Question raised: Whether said deliveries shall be subject to, and where applicable, exempt from, Value Added Tax. Applicable tax rate. Effects of said deliveries on the deductibility of Value Added Tax. Where applicable, liability for Transfer Tax and Documented Legal Acts Tax.
Si la venta se realiza al mismo arrendatario original, se considera primera entrega, está sujeta a IVA al 10% y no está exenta. Si se vende a un arrendatario distinto del primero, es una segunda o ulterior entrega, está sujeta pero exenta de IVA, lo que conlleva la sujeción al ITP y AJD. El tipo de IVA del 10% se aplica por ser viviendas de régimen libre tras perder la calificación de protección oficial.
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