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V1793-19 ·11 July 2019 ·consulta-vinculante Medium impact
Tax

Leasing mobile terminals to non-resident companies may be exempt from VAT, unless the effective use clause applies

A natural person has requested a ruling regarding the taxation of mobile phone rentals and tourist services for employees of foreign companies. The DGT indicates that leasing mobile phones to non-resident companies is generally not subject to VAT, unless the effective use clause applies if they are used to carry out taxable operations in Spain.

In 6 key points

How it affects those involved

This ruling clarifies the VAT treatment for mobile device leasing to non-resident entities, highlighting the importance of the 'effective use' principle in determining the place of supply.

Lifecycle

2019-07-11PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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