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V0345-22 23 February 2022 · SG de Impuestos sobre el Consumo Criterion in force
IVA · mediación

Mediation services for gold transfers between private individuals are subject to VAT and do not qualify for exemption

A digital platform sought clarification on whether its mediation service for gold transfers between private individuals was exempt from VAT. The DGT ruled that, as gold transfers between private individuals are transactions not subject to tax, the mediation exemption applicable to investment gold cannot be applied.

The question raised

Exemption of the mediation service described in the Value Added Tax Act

The DGT's ruling

The exemption for mediation services in investment gold transactions requires that the transactions being mediated are subject and exempt pursuant to Article 140 bis. Since gold deliveries between private individuals are not carried out by entrepreneurs or professionals, they are not subject to VAT. Therefore, the mediation service provided by the platform shall be subject to and not exempt from VAT.

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