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A self-employed translator inquires about VAT applicability and declaration of services provided to a Russian company. The DGT states that, generally, the service is not subject to VAT, but an exception applies if the service is effectively used in Spain.
Question raised A) Liability for Value Added Tax and the manner in which such transactions must be declared in tax forms 303 and 390.
Translation services are not subject to VAT if the recipient is an entity in Russia, as they are not considered to be performed within the territory to which the tax applies. However, they could be subject to tax if the effective use clause is applied, i.e., if the Russian entity uses the service to carry out transactions subject to VAT in Spain. Regarding Personal Income Tax (IRPF), the Russian company is not obliged to withhold tax unless it operates in Spain through a permanent establishment or via income that constitutes a deductible expense according to non-resident regulations.
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