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A natural person provided project evaluation services to an European Commission agency that does not act as a trader or professional and has no NIF/IVA. The DGT concludes that these operations do not constitute intracommunity service supplies.
Question raised: Obligation to submit the recapitulative statement of intra-Community transactions, Form 349.
For a supply to be considered an intra-Community supply of services, the recipient must be a taxable person or a professional, or a legal entity with an identification number assigned in its Member State. Since the receiving entity does not act as a taxable person or a professional and does not possess a VAT/NIF number, the transaction does not meet the regulatory requirements. Therefore, the submission of the recapitulative statement of intra-Community transactions (Form 349) is not required.
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