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A local council has requested clarification on whether the exchange of a building plot from its municipal assets for another plot owned by a resident is subject to VAT. The Directorate General for Taxes (DGT) has ruled that the transaction is subject to the tax, as it is carried out in the course of a business activity and involves consideration.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de la entrega del solar realizada por el Ayuntamiento.
La gestión del patrimonio municipal del suelo constituye una actividad empresarial, por lo que sus transmisiones son empresariales. Al tratarse de un solar (terreno edificable), no aplica la exención de terrenos rústicos. La operación está sujeta al IVA al realizarse a título oneroso mediante la permuta. El Ayuntamiento debe repercutir el tipo general del 21%.
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