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V0588-17 8 March 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · perfeccionamiento activo

Components for ships under inward processing may be exempt from VAT and import duties

A shipyard has requested a ruling regarding the taxation of components used in ship construction under customs regimes and the treatment of charterparty agreements. The DGT clarifies that acquisitions linked to inward processing may be exempt from VAT and that the delivery of the vessel may be exempt if it meets international navigation requirements.

The question raised

1) Taxation of the acquisitions of goods necessary for the construction of the vessel, given that such construction may be carried out under the inward processing customs regime, with the parts and components necessary for its construction also being linked to said regime. As well as the delivery of said vessel, once its construction is completed, which shall be carried out while said regime remains in force.

The DGT's ruling

Parts imported or acquired within the territory that are linked to the inward processing regime may be exempt from VAT pursuant to Article 24.One.1.a) of Law 37/1992. The importation of goods linked to said regime does not occur until they leave it. If the completed vessel meets the requirements for international maritime navigation, its delivery shall be exempt as an operation assimilated to an export. The final destination regime does not suspend the accrual of import VAT.

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