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A transport company has requested clarification on how to determine the location of its services when clients are based within the EU. The DGT clarifies that if the client is a taxable person established in another Member State, the service is not located in Spain, regardless of the route taken.
Cuestión planteada Localización de los servicios de transporte prestados por la consultante.
Si el destinatario es un empresario o profesional con sede o establecimiento permanente en otro Estado Miembro, el servicio no se localiza en España y no está sujeto al IVA. Si el destinatario no es empresario, el transporte intracomunitario solo tributa si se inicia en España. Para transportes no intracomunitarios, se tributa por la parte del trayecto que discurra por territorio español.
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