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V0486-22 10 March 2022 · SG de Impuestos sobre el Consumo Criterion in force
IVA · nft

NFT sales classified as electronic services subject to 21% VAT

An artist asked whether selling NFTs of his illustrations through online auctions was subject to VAT. The DGT concludes that the operation is not a goods delivery but an electronic service provision.

The question raised

Question posed: Value Added Tax treatment of the services provided by the applicant.

The DGT's ruling

The sale of NFTs is classified as services provided by electronic means, as the object is a digital certificate of authenticity and not a delivery of tangible goods. As electronic services, taxation will depend on the location of the recipient (final consumer) and the 10,000 euro threshold for intra-Community sales. If this limit is exceeded or if taxation at destination is opted for, the corresponding rules of localization shall apply.

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