When a residential building is acquired by a company, the following happens:
1/ If it is a new build acquisition, the purchase is subject to VAT.
2/ If it is a subsequent transfer carried out by a company also, as long as the buyer in the exercise of his activity and with the right to total or partial deduction of the input VAT amounts renounces the exemption provided for in the tax law.
In both cases, VAT would be accrued and could be deducted by the purchasing company; whenever the house directly affects the activity, mere accounting statements are not enough to prove exclusive usage.
The VAT incurred for the acquisition of the residential building by the acquiring company may be deducted to the extent that said goods are foreseeably going to be used in the development of the activity without prejudice to their subsequent regularization based on the effective degree of use in the development of the activity or its subsequent rectification if the foreseeable destination had been altered.
If the focus of purchasing the residential building is not for the use of company activity, even if it is subsequently use in the activity, the input VAT will not be deductible.
There is also a period of 10 years for the AEAT to regularize the VAT payments incurred on the acquisition of investment goods.