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A professional provides web maintenance and customer support services electronically to a company in Iceland. The DGT has determined that, as the recipient is a business located outside the tax territory, the transaction is not subject to VAT, unless the service is effectively used to carry out taxable transactions in Spain.
Cuestión planteada Lugar de realización de las operaciones.
Los servicios de mantenimiento web y atención al cliente por vía electrónica se localizan fuera del territorio de aplicación del IVA cuando el destinatario es un empresario radicado en un país tercero. No obstante, se aplicará el IVA si el servicio se utiliza o explota efectivamente en España para realizar operaciones sujetas al impuesto. Para ello, debe existir un vínculo entre el servicio y las operaciones que el destinatario realice en territorio español.
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