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A gardening company asks whether its design and garden execution services can qualify for the passive investor rule. The DGT confirms that yes, provided the services are carried out for construction or rehabilitation of buildings between entrepreneurs.
Question posed: Clarification of the concept of construction works and the requirement that landscaping works form part of the architect's construction project for the application of the taxpayer investment mechanism. Possibility of the landscaping project carried out by nursery technicians being valid for these purposes.
Landscaping works are considered works executions. For the reverse charge mechanism to apply, the work as a whole must consist of urbanization, construction, or building rehabilitation. The recipient must be an entrepreneur or professional and the operation must derive from a works execution contract.
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