How the DGT's position has evolved
Current position
The delivery of housing by the developer is subject to a 4% IVA (Value Added Tax) rate if they are special regime social housing, public promotion housing, or regional public protection housing whose surface area, price, and income parameters do not exceed those of social housing. In the case of general regime public protection housing, the reduced rate of 10% applies. The classification is determined according to the legislation in force at the time of the definitive classification.
The DGT's position remains constant in determining the 4% tax rate for social housing and public protection housing with specific limits. Throughout the rulings, specific cases have been clarified, such as the transfer value in social housing, the classification of the transfer of surface rights, and the application of the 10% rate to general regime housing.
Turning points
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Establishes that the transfer value for social housing shall be the maximum sale value authorized by the Autonomous Community.
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Determines that the transfer of surface rights following construction is classified as a supply of goods subject to IVA.
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Clarifies that the lack of a certificate of occupancy does not prevent the application of the 10% reduced rate if the property is suitable for residential use.
Analysis based on 58 of 62 rulings with a stated position. Updated 23 September 2026.