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V2604-22 22 December 2022 · SG de Impuestos sobre el Consumo Criterion in force
IVA · derecho de superficie

Transfer of homes between foundations may be subject to VAT as first delivery

Two foundations inquire about VAT treatment on the transfer of homes and associated surface rights. The DGT determines that the delivery of the building constitutes a first delivery subject to VAT and examines the tax rate and taxable amount based on the nature of the homes and the consideration received.

The question raised

Taxation of the transfer of housing between the consulting foundations and the taxable base of the surface right described for the purposes of Value Added Tax.

The DGT's ruling

The transfer of the surface right after construction is classified as a supply of goods as the power of disposal over the building is transferred. The transfer of the building promoted by one foundation to another is considered a first supply subject to VAT. The tax rate shall be 4% for social housing (special regime or public promotion) or 10% in other cases. The taxable base for the constitution of the surface right shall be the sum of the fees and the agreed value of the building that will revert.

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