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A query was raised regarding whether the exchange of industrial urban land plots between a company and a City Council is subject to VAT. The DGT ruled that the management of municipal land assets is considered a business activity; therefore, the transfer of such land is subject to VAT.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido.
El patrimonio municipal del suelo constituye un patrimonio empresarial, por lo que las actividades de su gestión tienen carácter empresarial. La entrega de terrenos calificados como suelo urbano industrial no goza de la exención del artículo 20.Uno.20º de la Ley 37/1992. El devengo se produce en la puesta a disposición del adquirente o, si hay pagos anticipados, en el momento del cobro.
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