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V3062-23 23 November 2023 · SG de Impuestos sobre el Consumo Criterion in force
IVA · rehabilitación de edificaciones

Transfer of a building for renovation is subject to VAT and does not qualify for the second delivery exemption

A taxpayer has requested a ruling regarding the VAT liability and exemptions applicable to the purchase of a four-unit building intended for renovation. The DGT has determined that if the seller is considered a business entity due to performing renovation works, the transaction is subject to VAT. However, the exemption for second and subsequent deliveries does not apply if the purchaser intends to renovate the property.

The question raised

Question raised 1. Liability and, where applicable, exemption from Value Added Tax regarding the transfer of the building.

The DGT's ruling

The transfer of a building by an entrepreneur engaged in rehabilitation activities constitutes an operation subject to VAT. Although second and subsequent deliveries of buildings are usually exempt, this exemption does not apply if the acquirer is going to carry out rehabilitation works that meet the requirements of article 20.one.22.B) of Law 37/1992. In this case, the delivery is subject and not exempt, applying the reduced rate of 10% for buildings suitable for housing.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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