Skip to content
Back to index
V4116-15 21 December 2015 · SG de Impuestos sobre el Consumo Criterion in force
IVA · renuncia a la exención

Renunciation of VAT exemption possible in business property transfers

A company asks whether it can renounce the VAT exemption when purchasing a commercial property from a married couple in a community of property. The DGT confirms that the transfer is subject to VAT and that the buyer may request renunciation of the exemption to apply the taxpayer's investment.

The question raised

Question raised: Possibility of waiving the tax exemption and the applicability of the reverse charge mechanism.

The DGT's ruling

The transfer of real estate integrated into the business assets of a marriage under community property regime is subject to VAT, even if it is exempt as it constitutes a second delivery of buildings. The acquirer may request to waive said exemption if they are a taxable person with the right to deduction. In this case, the acquirer shall be the taxable person for the transaction through the reverse charge mechanism.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

Email
Contact