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A company sought clarification on whether the renovation of an office in Melilla was subject to VAT. The DGT has determined that, regardless of whether the works are classified as a supply of goods or a provision of services, the transaction is not subject to VAT because the property is located outside the territorial scope.
Cuestión planteada Sujeción de la operación al Impuesto sobre el Valor Añadido.
Si la obra es entrega de bienes (rehabilitación con materiales que superen el 40% de la base imponible), no está sujeta porque el inmueble radica fuera del territorio de aplicación. Si es prestación de servicios, tampoco está sujeta porque, aunque guarda una relación directa con el inmueble, este se encuentra fuera del territorio de aplicación del impuesto.
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