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V1187-16 23 March 2016 · SG de Impuestos sobre el Consumo Criterion in force
IVA · adquisición intracomunitaria

Acquisition of goods from the UK to Spain may constitute an intra-Community acquisition or a VAT-subject import

A company inquired whether the purchase of Chinese components shipped from the UK is exempt from VAT. The DGT ruled that if the goods were previously imported into the UK and are subsequently sent to Spain, it constitutes an intra-Community acquisition subject to tax.

The question raised

Question posed: The applicant asks whether the described transaction is exempt from Tax and import duties.

The DGT's ruling

If goods of Chinese origin are imported into the United Kingdom and subsequently shipped to the applicant, the transaction constitutes an intra-Community acquisition of goods subject to VAT. The applicant shall be the taxable person and must settle and pay the corresponding amounts. Alternatively, if the goods are linked to the external Community transit procedure, the importation shall occur when the goods leave said procedure within the territory to which the tax applies, which shall also be subject to VAT.

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