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V2323-18 20 August 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · exención

The transfer of real estate may be exempt from VAT or subject to the reverse charge mechanism depending on the waiver of exemption or the enforcement of guarantees

An inquiring entity transfers a property intended for hotel activity to another entity, which subrogates into its mortgage loan. The DGT analyses whether the transaction is subject to VAT, whether the exemption for the second delivery of a building applies, or if the reverse charge mechanism is appropriate.

The question raised

Question raised: Liability for and, where applicable, exemption from Value Added Tax regarding the transaction and the application of the reverse charge mechanism.

The DGT's ruling

The delivery of the building is a taxable operation and, in principle, exempt as it constitutes a second or subsequent delivery following its rehabilitation. However, the exemption shall not apply if the legal exceptions occur or if the acquirer is the party performing the rehabilitation. If the exemption is waived and the acquirer is a taxable person, the reverse charge mechanism applies. In the event that the operation is taxable but not exempt, subrogation in the debt may trigger the reverse charge mechanism if the acquirer is a businessperson or professional.

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