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V0346-24 12 March 2024 · SG de Impuestos sobre el Consumo Criterion in force
IVA · exención

VAT exemption for vessel services does not apply if the recipient is not the operator

A maritime logistics and transport company inquired whether subcontracted services to meet vessel requirements (such as port fees or cargo handling) are VAT-exempt when re-invoiced. The DGT ruled that the exemption does not apply because the company is not the operator of the vessels.

The question raised

Question posed: Whether the provision of services contracted by the inquiring entity would be exempt from Value Added Tax in application of the provisions of Article 22 of Law 37/1992.

The DGT's ruling

The exemption under Article 22.Seven of Law 37/1992 for services meeting the direct needs of vessels requires that the recipient be the holder of the operation (shipowner or consignee). As the applicant is a third party subcontracting services in its own name, it cannot benefit from said exemption. The list of services in the Regulation is illustrative and not exhaustive.

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