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A French company inquires regarding the VAT liability of the sale and installation of automated storage systems in Spain. The DGT determines that, as they involve installation and assembly with the immobilization of the goods, the operations are considered deliveries of goods carried out in Spanish territory.
Question raised: VAT liability of the operations carried out. Taxable person. Obligation to register in the VIES.
Deliveries of goods that must be subject to installation or assembly before being made available, whose installation is completed within the territory of application of the Tax and involves the immobilization of the goods, are considered to be carried out in said territory. In this case, the acquisitions of goods are not considered intra-Community acquisitions or assimilated operations. The non-established entity shall be the taxable person for imports and acquisitions, but for domestic deliveries to other non-residents, the reverse charge mechanism shall apply.
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