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A lessor inquired whether the rental of premises in Spanish territory to a company based in Portugal is subject to VAT. The DGT ruled that the transaction is subject to the tax because the service is deemed to be performed in the location where the property is situated.
Cuestión planteada Sujeción de la operación descrita al Impuesto sobre el Valor Añadido.
El arrendamiento de bienes inmuebles se considera una prestación de servicios que se entiende realizada en el territorio donde radiquen dichos bienes. Al estar el local en el territorio de aplicación del IVA, la operación está sujeta y no exenta de este impuesto, independientemente de la ubicación del arrendatario.
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