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V2692-17 23 October 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · derecho de superficie

Creation of a surface right is subject to VAT and accrues annually

A foundation has requested clarification regarding the VAT treatment for the creation of a surface right where the consideration is the reversion of a building. The Directorate General for Taxes (DGT) has ruled that the transaction is subject to VAT and accrues annually based on the proportional part of the reversion.

The question raised

1.- Accrual and taxable base of the operations subject to consultation.

The DGT's ruling

The establishment of a surface right constitutes a provision of services subject to VAT. As it is a transaction carried out over a continuous period without a periodic fee, the accrual occurs on December 31 of each year for the proportional part of the reversion of the building. The reversion of the building, being a second delivery, could be subject to but exempt from VAT, allowing the surface right holder to waive said exemption. The taxable base in transactions without monetary consideration shall be the value agreed upon between the parties.

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