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V5447-26 6 August 2026 · SG de Impuestos sobre el Consumo Criterion in force
IVA · permuta de suelo

In land swaps for future construction, housing delivery is subject to VAT and tax accrues upon delivery of the plot

A co-owner of land seeks clarification regarding the VAT liability and accrual in a swap of land for two houses. The DGT indicates that the delivery of the houses by the developer is subject to VAT and that the tax accrues at the time the plot is delivered, as it is considered a payment in kind.

The question raised

Liability and, where applicable, accrual of Value Added Tax on the aforementioned deliveries.

The DGT's ruling

In land swaps for future construction, the delivery of the building by the developer is subject to VAT as it constitutes a first delivery. The tax accrues at the time of the delivery of the plot, as this constitutes a payment in kind on account of the future building. The delivery of the land by the owner shall be subject to VAT if the owner acquires the status of entrepreneur or professional by incorporating urbanization costs with the intent to sell.

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