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A Consortium has enquired whether the reverse charge mechanism should apply to urbanisation works carried out by a City Council on its behalf. The DGT has ruled that this mechanism applies if the Consortium is acting as a business or professional.
Cuestión planteada Inversión sujeto pasivo de las obras realizadas por el Ayuntamiento en favor del Consorcio.
El Ayuntamiento actúa como empresario al ejecutar obras de urbanización. Se aplica la inversión del sujeto pasivo si el Consorcio destinatario actúa con la condición de empresario o profesional y se cumplen los requisitos del artículo 84.Uno.2º.f) de la Ley 37/1992. En este caso, el Consorcio será el sujeto pasivo de las obras facturadas por el Ayuntamiento.
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