The exceptions to the general rule are the operations that, being carried out by businessmen or professionals, are subject to the concept of "Onerous Asset Transfers" of the Tax on Asset Transfers and Documented Legal Acts.
We can make the following classification:
Operations carried out by businessmen or professionals subject to and exempt from VAT :
The deliveries, leases, constitution or transmission of real rights of enjoyment or enjoyment over real estate, unless the VAT exemption is waived.
Operations carried out by businessmen or professionals not subject to VAT:The deliveries of real estate that are included in the transfer of a set of tangible and, where appropriate, incorporeal elements that, forming part of the business or professional assets, constitute an autonomous economic unit in the transferor, capable of developing a business or professional activity. by their own means.
The Tax Agency has made available to taxable persons a virtual VAT assistance tool called « Real Estate Operations Qualifier », with the purpose of determine the taxation of real estate sales and leasing operations by VAT or ITP , who is the person who must pay the tax and if the invoice includes VAT.