- The transfer of commercial property and parking spaces acquired via administrative auction from a business owner is generally subject to VAT.
- If the transfer qualifies as a second or subsequent delivery of buildings, it is exempt from VAT unless the buyer (if also a business owner) waives the exemption.
- The buyer can waive the exemption only if they are a business owner or professional entitled to deduct input VAT, in which case reverse charge may apply.
- In administrative or judicial execution procedures, the buyer (if a business owner) can act on behalf of the seller to issue the invoice, waive the exemption, and file the VAT return.
Source: allyon-etl.es
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
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