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V0994-19 8 May 2019 · SG de Impuestos sobre el Consumo Criterion in force
IVA · inversión del sujeto pasivo

Purchase of materials without installation or assembly is not subject to the reverse charge mechanism for VAT

A construction company has enquired whether the acquisition of materials for a project is subject to the reverse charge mechanism. The DGT has ruled that it is not, as the supply of materials without installation or assembly is not considered a construction project.

The question raised

Question posed: Whether the acquisition of materials by the taxpayer for the execution of the work would also be subject to the reverse charge mechanism provided for in Article 84.One.2.f) of Law 37/1992.

The DGT's ruling

For the reverse charge mechanism to apply to the taxable person in works contracts, the contract must be considered a works contract. The supply of goods that are subject to installation and assembly is considered a works contract, but the supply of materials that are not subject to installation and assembly does not have such status. Therefore, the acquisition of materials for a work does not meet the requirements to apply this mechanism.

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