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Source: Agencia Tributaria 15 September 2011

FREQUENTLY ASKED QUESTIONS

APPLICATION RATE OF 4% super DELIVERY FOR HOUSING

1 .- What are the requirements for the delivery of property to individuals for housing benefit from the tax to 4% super-reduced rate provisions of Royal Decree-Law 9 / 2011 instead of 8%?
* The delivery of housing should be made by an employer or professional, if not taxed by the Transfer Tax (Concept onerous transfer) (ITP).
* Must be completed homes and be their first delivery (the one made by the developer). In the case of the second or further transfers (existing homes) applies the exemption, paying for the Transfer Tax (Concept onerous transfer) (ITP).
* It is necessary that the buildings or parts thereof that are transmitted are suitable for use as housing, will include parking spaces, with a maximum of two units, and annexes which are located to be transmitted together.
* No attachments will be considered for housing the business premises, but are transmitted in conjunction with them.
* No buildings are considered suitable for use as housing buildings intended for demolition.
* The delivery of housing will occur from August 20, 2011 until December 31, 2011.

2 .- Is iota the super-reduced rate of 4% established in Royal Decree-Law 9 / 2011 on delivery of existing homes?

Only if the vendor chooses to exemption, for which it is required that the buyer is a businessman or professional with the right to full deduction of input tax in the operation. For homes purchased by individuals is apex.

3 .- The delivery of new build houses made by developers are always considered first delivery?

No. It is considered as first installment for VAT purposes by the promoter after the uninterrupted use of the property for a period not less than two years by the owner, by holders of real rights of enjoyment or possession or under leases with no option to purchase, unless the customer is who used the building during that period.

In these cases the sale will be considered a sequel, exempt from VAT and taxed by the transfer tax.

4 .- The supply of homes rehabilitated can be considered first delivery?

Yes rehabilitated home deliveries are assimilated to the delivery of a new building provided that the requirements of Article 20.Uno.22 º. B) of the Act 37/199:

1 º Over 50% of the total cost of the rehabilitation project matches or treatment works building structural elements, walls or roofs or similar works or related to rehabilitation.

2 The total cost of works exceed 25% of the purchase price of the building (if made in the two years prior to the start of the rehabilitation works), or the market value of the building before rehabilitation, less in both cases the land value.

The tax rate apex to the delivery of housing will be 4% if it occurs in the period from August 20 to December 31, 2011.

5 .- Is iota the super-reduced rate of 4% established in Royal Decree-Law 9 / 2011 to the delivery of housing will be subject to demolition? No, but delivery of the property is subject and not exempt from value added tax, the tax rate apex to this sale is 18% and buildings are not considered suitable for use as housing.

6 .- Is it applicable 4% super-reduced rate provisions of Royal Decree-Law 9 / 2011 to the delivery of houses under construction?

No. If the object of delivery is a house under construction, so that the acquirer should proceed to its completion, the apex type shall always be 18%.

7 .- When it is understood that a building or part thereof meets the requirements to be considered "suitable" for use as a dwelling?

When you have the corresponding license of first occupation or certificate of occupancy and, objectively considered, is likely to be used as a dwelling regardless of its intended purpose the purchaser. For this purpose, housing means the building or part thereof for a room or home of an individual or a family home or constituting the seat of his domestic life.

8 .- To be iota the tax rate of 4% of the VAT provisions of Royal Decree-Law 9 / 2011 requires that the transferred real estate is the residence of the buyer?

No. The application of super-reduced rate of housing delivery depends on a factual circumstance: the ability of the building or part of the delivery item to be used as a dwelling, regardless of the purpose for which is intended by the purchaser.

9 .- Is it applicable tax rate of 4% VAT provisions of Royal Decree-Law 9 / 2011 to the delivery of housing to be allocated to office?

Yes, provided the property has the corresponding first occupation license or certificate of occupancy and, objectively considered, is likely to be used as a dwelling.

10 .- What attachments transmitted jointly by the housing?

Annexes are understood by, among others, in addition to garages, basements, attics or storage rooms, stairways, goals, and sports fields, gardens, pools and common spaces in the plot itself and which are transmitted simultaneously with them.

For the reduced rate for parking spaces (maximum of two) and the various annexes of a home should also be transmitted together with the same, be located in the same plot as the family home or apartment building to they belong.

In the case of houses, land for ancillary urbanized may not exceed 5,000 square meters.

No attachments will be considered for housing the business premises, but are transmitted together with the buildings or part thereof for housing.

11 .- Is it applicable tax rate of 4% VAT under the Royal Decree-Law 9 / 2011 to the delivery of three parking spaces that are acquired in conjunction with housing?

No. They apply the reduced rate of 4% to the first two and 18% of the third.

12 .- acquired in the same act a private dwelling and garage to the developer directly. House and garage are located in the same building What is the tax rate applicable to the sale of the garage?

It applies a 18% VAT for the delivery of housing in the act passed is not subject to value added tax, but the transfer tax and stamp duty, because it is a transaction between individuals.

13.-What is the tax rate applicable to the delivery of social housing for special arrangements or public advocacy?

Remains unchanged at 4%.

14 .- When VAT becomes chargeable on the delivery of housing?

The accrual of VAT on the delivery occurs, as a rule, at the time of commissioning power and possession of the purchaser of the property. If he had given a public deed, the setting means power and possession made at the time of grant.

When the same writing is clear or start a different time in power and delivered possession of the property, vesting will occur in the time it actually takes place is put on power and possession of the buyer.

15.-In relation to advance payments made before August 20, 2011 for homes purchased in the period from August 20 to December 31, 2011 with deliveries super taxed at the rate of 4% should they be rectified fees VAT passed on to 8% for advances?

No. Article 90.Dos of Law 37/1992 provides that the tax rate applicable to each operation will be in effect at the time of accrual. In advance, the chargeable event occurs at the time of actual payment thereof by which, if they are satisfied before August 20, 2011, the tax rate is 8%, with regardless of whether the VAT element of the remainder of the price due by the subsequent delivery of the property taxed at 4%.

16.-In relation to mortgage payments made after December 31, 2011 for homes purchased in the period from August 20 to December 31, 2011 whose deliveries were taxed at super-reduced rate of 4% should they be rectified the VAT passed on to the 4%?

No. Article 90.Dos of Law 37/1992 provides that the tax rate applicable to each operation will be in effect at the time of accrual. In the delivery of housing, the chargeable event shall occur at the time that it is made available to the acquirer, so if this occurred in the period from August 20 to December 31, 2011, the tax rate applicable to the whole operation will be 4%, regardless of which part of the payment instrument through mortgage debt.

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