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V3428-16 20 July 2016 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Standalone sale of goods without installation does not qualify for reverse charge on real estate works

A property developer enquired whether purchasing materials (such as doors or sanitary ware) separately from their installation would allow for the application of the reverse charge mechanism. The DGT ruled that this only applies if the transaction constitutes the execution of a work, which requires installation and assembly with an obligation to achieve a specific result.

The question raised

Question posed: Consideration of the isolated sale of the described goods as an execution of works for the purposes of applying the reverse charge mechanism in the aforementioned operations.

The DGT's ruling

The reverse charge mechanism for the taxable person requires that the contract be for the execution of works, including supply with installation and assembly. The mere supply of materials without installation is not considered an execution of works. For installation to constitute an execution of works, it must go beyond the making available of goods and require the achievement of a specific result.

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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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