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V2263-17 8 September 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · primera entrega

Sale of a property by a developer following short-term rentals is subject to VAT

A construction company that developed properties for rental purposes sought clarification on whether the sale of one such property, following several rental periods (none exceeding two years), was exempt from VAT. The DGT has determined that the transaction constitutes a first supply and is therefore subject to the tax.

The question raised

Question posed: Liability and exemption to Value Added Tax on the transfer of housing, or whether it is subject to Transfer Tax and Stamp Duty.

The DGT's ruling

The sale of a building by a developer is considered a first supply and is subject to VAT if there has not been uninterrupted use of the property for a period equal to or greater than two years by its owner or tenants. As said two-year period of uninterrupted use has not been met, the transfer is not an exempt second supply, but rather a first supply subject to tax.

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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