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V2721-15 22 September 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IVA · atribución de rentas

Leasing of common areas by a homeowners' association is subject to VAT

A taxpayer inquired about the VAT treatment regarding income from leasing telephone antennas through their homeowners' association. The Directorate General for Taxes (DGT) ruled that the association is the taxable person for VAT purposes when providing a taxable service.

The question raised

Question posed: How must the applicant act regarding VAT?

The DGT's ruling

The lease of a common element in favor of a telephone company for the installation of antennas is a supply of services subject to VAT. The community of owners acts as the taxable person, being required to charge the tax to the recipient and settle the tax. Likewise, the community may deduct the tax incurred on goods and services intended for said leasing activity. Regarding Corporate Income Tax, the income and withholdings are attributed to the applicant according to their participation.

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