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V3740-16 7 September 2016 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · transmisiones patrimoniales onerosas

Transfer of property under construction: ITP or VAT depending on the seller's status as a business owner

A query was raised regarding whether the sale of a plot with construction already underway should be subject to Transfer Tax (ITP) or VAT. The DGT ruled that it depends on whether the transferor is a business owner and whether the transaction is subject to VAT.

The question raised

Question posed: Whether the sale and purchase transaction contemplated by the taxpayer would be subject to Transfer Tax and Legal Documented Acts or to Value Added Tax

The DGT's ruling

If the transferor is not a business entity, the transaction is subject to Transfer Tax (ITP) in its form of onerous asset transfers. If the transferor is a business entity and the delivery is subject to VAT, the transaction is not subject to Transfer Tax (ITP), but if it is documented in a public deed, it will be taxed under the Legal Documented Acts (AJD) modality. The VAT exemption for subsequent deliveries of buildings does not apply if the transfer occurs before the completion of construction.

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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