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V2580-19 19 September 2019 · SG de Tributos Locales Criterion in force
OTRO · sujeto pasivo sustituto

The state-owned company directly managing motorways is a substitute taxpayer for IBI

A state-owned company inquired whether, due to the direct management of motorway operations through an agreement, it was a taxpayer for IBI. The DGT responds that, being a public entity with management responsibilities, it acts as a substitute for the taxpayer.

The question raised

Question posed: Whether the temporary award of motorways for the management of their operation in accordance with the signed agreement would mean the inquirer would not hold the status of IBI taxpayer for the 2019 fiscal years and following.

The DGT's ruling

In real estate with special characteristics, when the owner is the taxpayer for the surface area not affected by concessions, the public entity in charge of its administration or management shall act as a substitute for the same. The inquiring company, by having direct management of the motorway operations, holds the status of substitute taxpayer. IBI accrues on January 1 and does not allow for apportionment due to changes in ownership or management during the year.

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