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A Dutch company without a presence in Spain asked whether it could refund VAT paid by non-resident tourists on their purchases. The DGT replied that refunds can only be made through the general or special traveller procedure via authorised collaborating entities.
Cuestión planteada Régimen aplicable.
La exención del IVA en entregas de bienes a viajeros requiere que el adquirente resida fuera de la Comunidad, que los bienes salgan del territorio y que no constituyan una expedición comercial. El reembolso del impuesto solo es legalmente admisible mediante el procedimiento general o el procedimiento especial que implica la actuación de una entidad colaboradora autorizada por la Agencia Estatal de Administración Tributaria.
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