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Practical Handbook VAT 2021

Exceptions

The exceptions to the general rule are transactions carried out by entrepreneurs or professionals that are subject to the concept of "Transmisiones Patrimoniales Onerosas" of the Transfer Tax and Stamp Duty.

We can make the following classification:

  1. Transactions carried out by traders or professionals subject to and exempt from VAT:

    Supplies, leases, constitution or transfer of rights in rem of enjoyment of immovable property, unless the VAT exemption is waived.

  2. Transactions carried out by entrepreneurs or professionals not subject to VAT:

    Supplies of real estate which are included in the transfer of a set of tangible and, where appropriate, intangible assets which, forming part of the business or professional assets, constitute an autonomous economic unit in the transferor, capable of carrying out a business or professional activity by its own means.

The Tax Agency has made available to taxpayers a virtual VAT assistance tool called "Qualifier of Real Estate Transactions", in order to determine the taxation of real estate sale and lease transactions for VAT or ITP, who is the person who must pay the tax and whether the invoice carries VAT.