The urban plan in which certain land is located was declared null and void by a court judgment, and this nullity has been confirmed by a Supreme Court judgment. To regain the status of buildable land, previously urbanized land must undergo a new urbanization process. Exemption from the transfer of these lands.If, in order to regain the status of buildable land, previously urbanized land must undergo a new urbanization process, they will not be considered urbanized. Therefore, their transfer would be exempt from the tax unless the new urbanization process has been initiated with the transmitted lands, in which case, they would be considered as under urbanization or urbanized, even if they have not yet acquired the status of buildable or vacant lots, in which case, such transfer will be subject to the tax and not exempt.Therefore, at the time of transferring the lands whose urban plan has been canceled, they do not have the status of buildable, and in any case, to regain this status, it would be necessary to modify the corresponding urban plan and carry out new urbanization works. Without performing the new urbanization activities, the lands would never attain the status of buildable, so they are in a situation equivalent to lands included in an urban plan for which urbanization works have not yet commenced.Therefore, under these circumstances, the transfer of these lands will be exempt from VAT in accordance with the provisions of Article 20.1.20º of the VAT Law.
Source: audiconsultores-etlglobal.com
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