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V2863-17 6 November 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · derecho de superficie

Establishment of a surface right is subject to VAT and accrues on a successive basis

A company requested clarification regarding the VAT treatment for the establishment of a surface right involving an annual fee and the reversion of the building. The DGT ruled that the transaction is subject to VAT, accrues successively, and that the reversion of the building could be subject to VAT but exempt.

The question raised

1.- Accrual and taxable base of the operations.

The DGT's ruling

The creation of a surface right is subject to VAT as it is assimilated to the leasing of real estate. The tax accrues when the annual fees become due and, for the proportional part of the value of the building that will revert, on December 31 of each year. The taxable base shall be the sum of the fees and the agreed value of the building. The reversion of the building, if it is a second delivery, shall be subject to but exempt from VAT.

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