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A credit institution queries whether financial operations with entities outside the EU, which would be exempt in Spain, allow VAT deduction. The DGT confirms that such deduction is permitted if the recipient is established outside the Community.
Question raised: Right to deduction for operations subject to Value Added Tax.
Banking or financial services that would be exempt in Spanish territory pursuant to Article 20.One.18 of Law 37/1992 generate a right to deduction when the recipient is established outside the European Community. These operations must be included in both the numerator and the denominator of the pro rata. The right to deduction is linked to the operation being deemed carried out outside the Community territory in order to encourage the export of financial services.
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