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A local council and an association requested clarification on the VAT rate applicable to the construction of an integrated social services centre including residential facilities and other services. The DGT ruled that the reduced rate of 10% applies if the building is primarily intended for residential use.
Cuestión planteada Tipo impositivo aplicable.
Las ejecuciones de obra para la construcción de edificios destinados fundamentalmente a viviendas tributan al tipo reducido del 10%. En el caso de centros de servicios sociales, se aplicará este tipo si más del 50% de la superficie total se destina a uso de vivienda, entendida esta como el espacio donde las personas desarrollan sus actividades vitales de forma permanente. Este criterio se mantiene aunque las viviendas se destinen a actividades empresariales por parte del promotor.
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