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V1476-17 8 June 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · mediación

Services provided by partners acting as auxiliaries to a financial mediation company are subject to VAT

A query was raised regarding whether the VAT exemption for financial mediation services applies when partners invoice the company to share expenses. The DGT ruled that for the exemption to apply, the mediator must be an independent third party rather than a mere collaborator or auxiliary.

The question raised

Applicability of the exemption to services invoiced by partners to the company.

The DGT's ruling

The exemption for mediation requires that the provider be an independent third party who brings the parties together for a future contract without any self-interest. If the partners act as collaborators or auxiliaries of the company and not as independent agents or sub-agents, their services do not meet the mediation requirement. In that case, the provision of such services is subject to, and not exempt from, the tax.

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