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A car manufacturer has enquired whether, in the event of two consecutive deliveries involving a single transport to another Member State, the first delivery can be considered exempt as an intra-Community supply. The DGT ruled that the attribution of transport depends on a global assessment of the circumstances.
Question raised Whether the application of the exemption is appropriate in the first supply, by considering it an intra-Community supply of goods.
Para que una entrega sea intracomunitaria exenta deben concurrir el transporte de los bienes al otro Estado miembro y la comunicación del número de identificación fiscal del adquirente. En casos de dos entregas y un único transporte, este solo puede imputarse a una de ellas. La determinación de cuál es la entrega intracomunitaria requiere una apreciación global de las circunstancias, como el momento de la transmisión del poder de disposición y las intenciones del comprador.
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