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A Spanish company inquired whether the supply of goods to a German company established in Spain was exempt from VAT, given that the latter would send the products outside the European Union. The DGT ruled that the transaction is not exempt because the purchaser does have its establishment in Spanish territory.
Cuestión planteada Exención de la entrega realizada por el consultante.
Para que una entrega de bienes esté exenta por exportación indirecta, el adquirente no debe estar establecido en el territorio de aplicación del Impuesto. En este caso, al estar la empresa alemana establecida en España, no se cumple el requisito del artículo 21.2º de la Ley 37/1992. Por tanto, la entrega realizada por la consultante debe tributar por el IVA.
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