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V5394-16 21 December 2016 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Inversion of the passive subject applies to construction or urbanisation works under certain conditions

A development company asks whether the rule of inversion of the passive subject applies to the construction of a house on a rural property. The DGT states that the rule applies if both the entrepreneur/professional and a direct construction or urbanisation contract are present, provided the work is not a construction accessory to an agricultural enterprise.

The question raised

Question posed: Application of the reverse charge rule

The DGT's ruling

The reverse charge mechanism for the taxable person applies to works for urbanization or the construction/rehabilitation of buildings, provided that the recipient is an entrepreneur or professional and the contract is directly between the developer and the contractor. It shall not apply if the construction is an ancillary work of an agricultural exploitation related to the nature of the estate. If these requirements are not met, the builder must charge the tax to the developer at the 10% rate for dwellings.

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