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The DGT clarifies that if a buyer acts as a business and fails to disclose this status, the transaction constitutes an import subject to VAT.
Question raised: Clarification on how to record the invoice in the VAT Purchase Ledger.
If the inquirer informs the digital interface of their status as a businessperson or professional, the fiction of distance sales does not apply, as these are limited to recipients who do not act as such. In that case, the operation constitutes an import subject to VAT where the taxable person is the one performing the import. The businessperson must record the corresponding Customs document (DUA) in their Register of Invoices Received, stating its reference number, the taxable base, and the VAT amount accrued, without recording the invoice from the non-EU supplier.
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