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An individual enquired whether the sale of land they had developed for the construction of their primary residence was subject to VAT. The DGT ruled that, as there was no intention to sell or business activity involved in the development process, the transaction is not subject to the tax.
Cuestión planteada Si la venta de dicha parcela se encontraría sujeta al Impuesto sobre el Valor Añadido.
No se adquiere la condición de empresario o profesional si la urbanización se realiza con la intención de uso propio y no para la venta o cesión. Al no haber ánimo de lucro ni actividad empresarial, la venta posterior del solar no está sujeta al IVA. Esta operación estará sujeta al Impuesto sobre Transmisiones Patrimoniales.
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