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V0963-16 10 March 2016 · SG de Impuestos sobre el Consumo Criterion in force
IVA · mediación

Mediation in the sale of shares may be exempt from VAT under certain requirements

A company provides agency services for the purchase and sale of shopping centres through the transfer of shares. The DGT analyses whether these mediation services are exempt from VAT and where they are located.

The question raised

Exemption regarding the consideration received by the applicant and the location of the taxable event.

The DGT's ruling

Mediation in the transfer of shares is exempt if the agent is an independent third party who brings the parties together without being limited to the mere provision of information. If the recipient is a non-resident entrepreneur or professional, the service is not taxable unless the rule of effective use applies. If the recipient is not an entrepreneur or professional, the mediation is located where the underlying real estate is situated.

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