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V1497-20 20 May 2020 · SG de Impuestos sobre el Consumo Criterion in force
IVA · importación de bienes

Import of precious stones subject to VAT and customs duties based on value and classification

An individual has requested clarification regarding the taxation of importing a ruby from Thailand for subsequent commercial resale. The DGT clarifies that the import is subject to VAT and customs duties, and that the taxation of the resale will depend on the final destination of the stones.

The question raised

Taxation of the operation for both customs and Value Added Tax purposes, as well as implications in the event that the operation is carried out as a business activity and, in particular, invoicing to future buyers established outside the territory of application of the tax.

The DGT's ruling

The importation of goods from third countries is subject to VAT and import duties, with the recipient being the taxable person. If the value is less than 150 euros, the exemption for goods of no appreciable value may apply. In the event of business activity, sales in Spain are taxed at 21%, sales to other Member States follow distance selling threshold rules, and exports outside the Community may be exempt.

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