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A company provides coordination and mediation services (accommodation, transport, leisure) for EU companies that send students to Spain. The DGT determines that if it acts on behalf of third parties, the service is not subject to VAT; if it acts on its own account, the special regime for travel agencies may apply.
Question posed: Taxation of said services in Value Added Tax.
If the applicant acts on behalf and for the account of third parties through a mandate contract, the mediation service is not understood to be performed within the territory of application of the Tax and is not subject to VAT. If the applicant acts on its own account, it must apply the special regime for travel agencies when organizing trips that include accommodation or transport services provided by other professionals. To determine whether this special regime applies, it must be assessed whether the travel provisions are not merely ancillary or marginal to the main service.
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