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A natural person acting as a property developer has enquired whether the sale of a plot of land, received following the liquidation of a company, is subject to VAT. The DGT has ruled that the supply of a plot of land is subject to the tax provided that the land is used for business activities.
Cuestión planteada Si la transmisión del solar que va a realizar el consultante se encontrará sujeta al Impuesto sobre el Valor Añadido.
La entrega de un solar por parte de un empresario o profesional está sujeta al IVA al ser una entrega de bienes. No se aplica la exención de terrenos rústicos porque los solares se consideran terrenos edificables por ley. La sujeción depende de que el terreno esté afecto a la actividad empresarial y de si se han iniciado obras de urbanización o se han asumido sus costes.
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