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A holder of a surface right has requested clarification on the VAT rate applicable to the acquisition of the land share of their home and garages. The DGT has ruled that the rate applicable will be the one in force at the time of accrual, and that a reduced rate may apply if the requirements regarding the identity of the transferor and the transferee are met.
Cuestión planteada Tipo impositivo aplicable a la operación.
El tipo impositivo aplicable será el vigente en el momento del devengo, que en entregas de bienes ocurre al ponerlos a disposición del adquirente o mediante escritura pública. Se aplicará el tipo reducido (10% o 4%) a la transmisión del suelo si el destinatario es el titular del vuelo transmitido anteriormente, el transmitente de ambos es la misma persona y no ha habido transmisiones intermedias. En caso contrario, o si se trata de locales no aptos para vivienda, se aplicará el tipo general del 21%.
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