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A Spanish diplomat who acquired a vehicle in Spain under diplomatic exemption and moved it to France returns to Spain without having registered it abroad. The DGT rules that no VAT is due on the return, but the Special Transport Tax must be paid.
Question posed: Exemption from Value Added Tax for a returning vehicle that has not been registered abroad for 12 months.
En cuanto al IVA, el retorno del vehículo no constituye una operación sujeta ni una adquisición intracomunitaria, ya que el bien se adquirió en España y vuelve sin transmisión de poder de disposición. Respecto al Impuesto Especial sobre Medios de Transporte, la matriculación definitiva en España estará sujeta al impuesto porque no se cumple el requisito de haber utilizado el vehículo en la antigua residencia al menos seis meses antes del traslado.
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