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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

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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