The General Directorate of Taxes, as a result of the judgment of the Supreme Court of October 29, 2021, has come to consider, in its consultation V0986-22, that the transfer of non-buildable land , and whose urbanization is pending to begin, It is not exempt from VAT if it can be deduced from the documentation of the operation that the intention of the parties is to use the land for urbanization and subsequent construction. In such a case, for the operation to be taxed by VAT , it is no longer necessary to waive the exemption and the AJD to be paid is lower.
Source Audiconsultores
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