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V0998-22 5 May 2022 · SG de Impuestos sobre el Consumo Criterion in force
IVA · base imponible de la importación

Importer's transport services are VAT exempt if costs are included in the import tax base

A transport company enquired whether its international transport services from the United Kingdom to Spain were subject to VAT or exempt. The DGT ruled that the service is subject to VAT as the recipient is a taxable person in Spain, but may be exempt if the consideration is included in the tax base for the importation of the goods.

The question raised

Question raised: Treatment of the transport service for Value Added Tax purposes invoiced by the consulting company to the other commercial entity, freight forwarder and importer.

The DGT's ruling

Transport services are subject to VAT when the recipient is a taxable person established in the territory to which the tax applies. However, they shall be exempt pursuant to Article 64 of Law 37/1992 if their consideration is included in the taxable amount of imports of goods. The exemption does not apply to services provided by a carrier to the consulting company, as their consideration is not included in the taxable amount of the import. To justify the exemption, a copy of the import SAD with the secure verification code may be provided.

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