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A natural person resident in France provides text correction and proofreading services to a Spanish company. The DGT determines that, as the provider is not established in Spain, the client is the taxable person through the reverse charge mechanism and the VAT amount must not be included in the invoice.
Question posed: Obligations incumbent upon the consultant related to Value Added Tax and, in particular, the obligation to charge the tax.
Services provided by a professional not established in Spain to an entrepreneur based in Spanish territory are subject to VAT, but the taxable person is the recipient by means of the reverse charge rule. Therefore, the provider must not charge VAT on their invoice nor are they obliged to comply with Spanish invoicing rules. It should be noted that translation services could be exempt under the law.
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