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A company sells a plot of land to an individual for the purpose of building a home by hiring a separate construction firm. The DGT has ruled that these are two independent transactions subject to different tax rates.
Cuestión planteada Tipo del Impuesto sobre el Valor Añadido aplicable a dichas operaciones.
La transmisión de un terreno con calificación de solar está sujeta al tipo general del 21% de IVA. Por otro lado, la ejecución de obras para la construcción de una vivienda tributará al tipo reducido del 10% si se cumplen los requisitos de contrato directo entre promotor y contratista. Al ser operaciones distintas e independientes, no se aplica el tipo reducido a la venta del terreno.
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