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V2575-24 12 December 2024 · SG de Impuestos sobre el Consumo Criterion in force
IVA · urbanización

Sale of developed land subject to VAT if the seller is a businessperson or professional acting with intent to sell

A query was raised regarding whether the sale of a developed plot should be subject to VAT or Transfer Tax and Stamp Duty (ITP/AJD). The DGT ruled that if the seller acts as a businessperson or professional with the intention of selling, the transaction is subject to VAT.

The question raised

Question raised: Whether the sale must be taxed under Value Added Tax or under Transfer Tax, and whether, if applicable, the execution of a public deed would be taxed under Stamp Duty.

The DGT's ruling

The delivery of a plot of land is subject to VAT if the transferor is an entrepreneur or professional and intends to sell or transfer the land. If the seller does not hold such status, the sale is not subject to VAT, but will be taxed under Transfer Tax. When the transaction is subject to VAT, the public deed will be taxed under Stamp Duty, but not under onerous transfers of property.

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