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V2285-18 1 August 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Requirements for the application of the reverse charge mechanism by the taxable person in renovation works

An entrepreneur has enquired whether construction and expansion works on an industrial warehouse are subject to the reverse charge mechanism. The Directorate General for Taxes (DGT) has ruled that this mechanism applies if the works are classified as building renovation and meet the requirements set out in the VAT Act.

The question raised

Question raised: Application of the reverse charge rule to the builder's invoices.

The DGT's ruling

The reverse charge mechanism applies when the recipient is a businessperson or professional and the transaction is a performance of work for urbanization, construction, or rehabilitation. For it to be considered rehabilitation, the main object must be reconstruction (more than 50% of the cost in structural elements, facades, or roofs) and the cost must exceed 25% of the value of the building excluding the land. Furthermore, the recipient must reliably communicate their status as a businessperson and that the work is for rehabilitation.

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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