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V3126-17 4 December 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Requirements for the application of the reverse charge mechanism by the taxable person in real estate construction works

The applicant asks whether the reverse charge mechanism applies to the construction of a thermoelectric plant. The DGT rules that the application of this rule depends on whether the operation constitutes part of a building construction or renovation process, or the development of land.

The question raised

Question posed: Apply the assumption of the reverse charge mechanism.

The DGT's ruling

The reverse charge mechanism for the taxpayer applies when the supply including the installation of boilers is part of a new construction or renovation project. It does not apply if the supply is for buildings already completed or does not derive from a construction or renovation process. In isolated maintenance or technical assistance operations, the reverse charge does not apply as they do not constitute construction works.

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

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