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V2496-14 23 September 2014 · SG de Impuestos sobre el Consumo Criterion in force
IVA · arrendamiento con opción de compra

VAT on rent-to-buy schemes for social housing is 4% or 10% depending on requirements

The inquiry asks which VAT rate applies to rent-to-buy schemes and the subsequent transfer of social housing. The DGT rules that the rate depends on whether the property meets the official protection criteria to qualify for the reduced 4% rate or the 10% rate.

The question raised

Question raised: Applicable tax rate for lease with an option to purchase and subsequent delivery of dwellings.

The DGT's ruling

Lease with an option to purchase constitutes a provision of services until the lessee exercises the option, at which point it becomes a supply of goods. A rate of 4% shall apply if the dwelling is social housing of a special regime, public promotion, or regional public protection that does not exceed the surface area, price, and income parameters of Royal Decree 2066/2008. In any other case, the applicable tax rate shall be 10%.

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