How the DGT's position has evolved
Current position
The transfer of land subject to the payment of urban planning charges is subject to the reverse charge mechanism for the taxable person under article 84.Uno.2º.e), third dash, of Law 37/1992. For its application, it is necessary that the registry encumbrance is in force, that the urbanization costs are due, and that the operation is carried out between entrepreneurs or professionals. The existence of pending assessments does not prevent the application of this mechanism.
The DGT's position remains constant regarding the application of the reverse charge mechanism for land with a valid registry encumbrance and due charges. Recent rulings have specified that the existence of pending assessments does not preclude the application of this scenario and that the encumbrance must act as a real guarantee.
Turning points
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Clarifies that the existence of pending assessments does not prevent the application of the reverse charge mechanism.
Analysis based on 13 of 13 rulings with a stated position. Updated 27 September 2026.