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V3086-17 28 November 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · exención

The delivery of a developable plot is subject to VAT and does not benefit from the exemption for buildings

A real estate developer inquires whether the acquisition of an urban plot by a compensation board is exempt from VAT. The DGT determines that the transaction is subject to the tax because the asset is a plot of land without completed buildings.

The question raised

Question posed: Whether the Value Added Tax exemption established in Article 20.One.22º of Law 37/1992 is applicable.

The DGT's ruling

The exemption under Article 20.One.22º of Law 37/1992 only applies to second and subsequent deliveries of buildings and land in which they are located following their construction or rehabilitation. As it concerns a developable plot without completed buildings, said exemption does not apply. Likewise, the exemption under Article 20.One.20º is not applicable as it is not rural or non-buildable land.

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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