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A taxpayer has enquired whether architecture services for the renovation of a building in Belgium are subject to Spanish VAT. The Directorate General for Taxes (DGT) has ruled that, as the services are directly related to real estate located outside of Spain, the transaction is not subject to the tax.
Cuestión planteada Lugar de realización del hecho imponible y sujeto pasivo de la operación.
Los servicios de arquitectura se consideran relacionados directamente con bienes inmuebles según el artículo 70.uno.1º de la Ley del IVA. Al estar el inmueble ubicado en Bélgica, los servicios no se entienden realizados en el territorio de aplicación del impuesto. Por tanto, la operación no está sujeta al IVA en España.
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