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Doctrine by topic · DGT Observatory

Consideration in Kind: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 17 rulings · 2014–2022

Current position

The operations involving the creation of surface rights are considered service provisions subject to IVA (Value Added Tax). Accrual occurs when the fees become due and, annually, for the proportional part of the value of the building that will revert. The reversion of the building is treated as a supply of goods which, being a second or subsequent supply, shall be subject to but exempt from IVA, unless there is an express waiver of said exemption.

The DGT's position remains constant regarding the classification of surface operations and the determination of their accrual. A consolidation is observed in the treatment of the reversion of the building as a supply of goods that is subject to but exempt from IVA. No changes in criterion are noted, but rather a reaffirmation of the nature of the operation and its tax base.

Analysis based on 15 of 17 rulings with a stated position. Updated 25 September 2026.

Rulings on this topic

17

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