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V3091-18 29 November 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Reverse charge mechanism for construction or renovation of elderly care homes applies if the recipient is a business

A charitable foundation has enquired whether the reverse charge mechanism should apply to works for the extension and improvement of its elderly care home. The DGT ruled that, as the foundation collects fees from residents, it acts as a business and may apply this mechanism provided the works qualify as building renovation.

The question raised

Question posed: Applicability of the reverse charge mechanism provided for in Article 84.One.2º.f) of Law 37/1992 to the execution of renovation works for a nursing home, promoted by the taxpayer.

The DGT's ruling

The reverse charge mechanism applies if the recipient acts as a business or professional and the operations involve the construction or renovation of buildings. A nursing home is considered a building dedicated to residential use. For works to be classified as renovation, they must meet the reconstruction and cost requirements established by Law. If the foundation carries out operations for consideration (such as membership fees), it holds the status of a business.

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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