How the DGT's position has evolved
Current position
The leasing of land for agricultural exploitation is exempt from IVA (Value Added Tax) according to Article 20.One.23º of Law 37/1992, regardless of whether the land is rural or developable. However, the exemption does not apply if the purpose of the land involves the installation of elements of a business activity, such as antennas, or if it involves transfers of use for other purposes. The constitution of easements of way for electrical energy is also considered exempt as it involves real rights of enjoyment over land.
The DGT's position remains stable regarding the application of the IVA exemption for the use and enjoyment of rustic land. A delimitation of the exemption is observed through the distinction between the use of the land and the installation of business elements or specific services. The doctrine confirms that the nature of the land does not prevent the exemption if the purpose is agricultural exploitation.
Turning points
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Establishes that the IVA exemption is independent of the urban planning classification of the land, also applying to developable land intended for agricultural exploitation.
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Specifies that the leasing for the installation of antennas is subject to the general rate of 21%, as the exemption is excluded when the purpose involves elements of a business activity.
Analysis based on 31 of 34 rulings with a stated position. Updated 23 September 2026.