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V1021-23 25 April 2023 · SG de Impuestos sobre el Consumo Criterion in force
IVA · servicios prestados por vía electrónica

The supply of an application for managing tips may be considered a service provided by electronic means

A company from the Canary Islands inquires whether the service of its technological platform for managing tips and personal income tax (IRPF) withholdings constitutes a service provided by electronic means. The DGT determines that it is and explains the rules regarding the location of the tax.

The question raised

Question raised 1. Classification of the services provided by the inquiring entity for Value Added Tax purposes.

The DGT's ruling

The supply of a technological application that allows for the automated management of tips and information, without human intervention and through payment gateways, may be considered a service provided by electronic means. These services shall be understood to be performed in the territory where the tax applies when the recipient is a business or professional with a headquarters or establishment in said territory. If the recipient is a business not established in the territory where the tax applies, the transaction shall not be subject to VAT therein.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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