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A company has enquired whether the reverse charge mechanism applies to renovation works on its building, including the installation of a lift. The DGT has ruled that it shall apply if the works qualify as construction or building renovation under the criteria set out in the VAT Act.
Question raised: Whether the reverse charge mechanism rule mentioned is applicable in the execution of works.
The reverse charge mechanism applies when the recipient is a business or professional and the works consist of urbanization, construction, or building rehabilitation. For it to be considered rehabilitation, the main object must be reconstruction (more than 50% of the cost in structural elements, facades, or roofs) and the total cost must exceed 25% of the value of the building excluding the land. Maintenance or repair works are excluded, but additions or improvements that increase the value are included if they form part of a rehabilitation.
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