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A state-owned company consulted whether the delivery of wastewater treatment plants to municipalities was subject to the reverse charge mechanism. The DGT ruled that this mechanism does not apply because the delivery does not constitute the execution of construction works arising from a contract between a developer and a contractor.
Cuestión planteada Aplicación de la regla de inversión del sujeto pasivo en las entregas de la infraestructuras objeto de consulta que realiza la consultante.
Las estaciones depuradoras de aguas residuales tienen la consideración de edificaciones para el IVA. No se aplica la inversión del sujeto pasivo del artículo 84.Uno.2º, letra f) de la Ley 37/1992 porque la entrega de la edificación por la sociedad estatal no es una ejecución de obra resultante de contratos directamente formalizados entre promotor y contratista.
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