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A Portuguese company importing goods from Turkey and storing them with a customs agent in Spain has requested a ruling on VAT liability. The DGT has determined that, as the company does not have a permanent establishment in Spain, supplies of goods to other local businesses shall be subject to the reverse charge mechanism.
Question raised: Liability for Value Added Tax on the aforementioned operations and whether the reverse charge mechanism applies to the sale of goods carried out by the applicant within the territory of application of the Tax.
Las entregas de bienes muebles corporales que se inicien en España se consideran realizadas en territorio nacional. Si el vendedor no está establecido ni dispone de un establecimiento permanente en España, los adquirentes que sean empresarios o profesionales residentes en el territorio serán los sujetos pasivos del impuesto por inversión del sujeto pasivo. Los servicios logísticos no estarán sujetos al IVA si no implican el arrendamiento de un espacio físico exclusivo para la consultante.
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