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V0845-20 14 April 2020 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

VAT must be paid via the reverse charge mechanism for services provided by platforms not established in Spain

An online clothing retailer under the equivalence surcharge regime asks whether they must pay the VAT on services invoiced by platforms not established in Spain. The DGT responds that, as the recipient is a business operator in Spanish territory, the reverse charge mechanism must be applied.

The question raised

Question posed: Whether the applicant must pay Value Added Tax for services provided by platforms not established in the territory where the Tax applies.

The DGT's ruling

Services provided by platforms not established in Spain are subject to VAT when the recipient is a business operator or professional based in Spanish territory. The applicant is the taxable person for the transaction and must pay the tax through the reverse charge mechanism. This implies filing a non-periodic tax return (Form 309) and a recapitulative statement (Form 349), regardless of the amount.

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