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Future Construction — 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 · 2014–2026

Current position

The exchange of land for future construction comprises three stages: the delivery of the land, the delivery of the completed building, and a payment in kind. The delivery of the plot triggers the VAT (IVA) on the future building at the time it is made available or paid, as it is considered an advance payment in kind. The tax rate applicable to the future building will depend on the nature of the properties, such as 10% for dwellings, garages, and annexed storage rooms.

The DGT's position remains constant in classifying the delivery of the plot as an advance payment in kind for the future construction. Throughout the rulings, it has been reaffirmed that the tax accrual occurs at the time of making it available or upon payment. The doctrine has specified the structure of the operation into three distinct stages and has clarified the applicable tax rates according to the intended use of the building.

Turning points

  1. V2860-17

    Formally defines that in exchanges of land for future construction, there are three distinct operations: the delivery of the plot, the delivery of the building, and the advance payment in kind of the plot.

  2. V1363-23

    Specifies the application of differentiated tax rates, noting that dwellings, garages, and annexed storage rooms are taxed at the reduced rate of 10%.

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

Rulings on this topic

17
V1656-26 19 Jun 2026

Land swap for future construction creates gain or loss at transfer

SG de Impuestos sobre la Renta de las Personas Físicas
permutaganancia patrimonialobra futuravalor de mercadoimputación temporal LIRPF — Ley 35/2006 del IRPF art. 14.1.cLIRPF — Ley 35/2006 del IRPF art. 14.2.d
Affects CompanyExpat · Non-residentIndividual

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