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V2713-14 10 October 2014 · SG de Impuestos sobre el Consumo Criterion in force
IVA · derecho de superficie

VAT rate for land share acquisition depends on accrual timing and specific requirements

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.

The question raised

Tax rate applicable to the transaction.

The DGT's ruling

The applicable tax rate shall be the one in force at the time of accrual, which in the supply of goods occurs upon making them available to the acquirer or through a public deed. The reduced rate (10% or 4%) shall apply to the transfer of land if the recipient is the holder of the previously transferred surface rights, the transferor of both is the same person, and there have been no intermediate transfers. Otherwise, or if the premises are not suitable for residential use, the general rate of 21% shall apply.

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