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The DGT states that the existence of a subsidiary does not automatically create a permanent establishment, depending instead on autonomy and availability of resources.
Question posed: Whether the consulting entity has a permanent establishment for Value Added Tax purposes in the Spanish territory to which the Tax applies.
Para que exista establecimiento permanente, la entidad debe disponer de medios humanos y técnicos como si fueran propios, con permanencia y autonomía. En este caso, al deducirse que el distribuidor local es responsable de sus medios y opera por su cuenta y riesgo, no concurren los requisitos para considerar que la consultante tiene un establecimiento permanente en España.
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