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V0172-15 20 January 2015 · SG de Impuestos sobre el Consumo Criterion in force
IVA · servicios prestados por vía electrónica

The supply of non-personalized digital content is classified as services provided by electronic means

A designer inquires about the classification of her sales of drawings through a digital platform. The DGT determines that downloadable files are services provided by electronic means and that personalized designs sent by email are not.

The question raised

Question raised 1st Classification and taxation of the operations for Value Added Tax purposes and, where applicable, whether the settlements issued by the platforms are sufficient for the purposes of invoicing the operations.

The DGT's ruling

The delivery of downloadable digital files constitutes a service provided by electronic means. Personalized designs sent by email are not considered services provided by electronic means and could be exempt if classified as professional services of visual artists. Taxation will depend on the location of the recipient and whether the platform acts on its own behalf or on behalf of another.

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