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A car dealership inquired whether the sale of a vehicle to a private individual in Ecuador, intended for export, is exempt from VAT. The DGT ruled that the transaction must be subject to tax if the dealer is not identified as the exporter in the customs document.
Cuestión planteada Si la operación de venta del vehículo está exenta del impuesto.
Para aplicar la exención, el transmitente debe expedir o transportar los bienes fuera de la Comunidad apareciendo ante la Aduana como exportador. En este caso, al ser el adquirente un no residente, es esencial que en el DUA figure el concesionario como exportador. Si no se cumple este requisito, la entrega debe quedar sujeta al IVA, debiendo el concesionario repercutir la cuota al adquirente.
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