Scenario:
A company intends to sell a property consisting of a building constructed before 2007 and the associated land. The building has undergone two renovations, one of which was substantial.
Legal background:
Under Article 292(2)(f) and (3) of the Fiscal Code, the sale of buildings/parts of buildings and land is VAT exempt, except for:
- Sales of new buildings or parts thereof;
- Sales of buildable land.
A new building includes any building or part thereof that was:
- Delivered by December 31 of the year following first use/occupancy;
- Substantially transformed, meaning renovation costs exceed 50% of the building’s value (excluding land), as proven by accounting records or a certified valuation.
Applicable VAT Treatment:
- Building and land constitute a single property (same cadastral number)
According to the Fiscal Code and its Methodological Norms:
- a) If land value > building value → VAT regime follows the land → if land is buildable → sale is taxable at 19% VAT. If both parties are VAT-registered, reverse charge may apply.
- b) If building value > land value → VAT regime follows the building → if it is an old building, the sale is exempt from VAT.
VAT adjustment may apply if renovation costs exceeded 20% of the building’s value, unless the seller opts to tax the sale (in which case, no adjustment is needed).
- c) If values are equal, VAT regime is determined by the property with the larger surface area.
- Building and land are separate assets
- Land: taxed at 19% VAT if buildable;
- Building: VAT-exempt if old, taxable if considered “new” (due to renovations).