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A lawyer provides legal advisory services to US individuals regarding an inheritance involving funds in a Spanish bank. The DGT has ruled that these services are subject to VAT because their effective use or exploitation takes place within Spanish territory.
Question raised - Taxability of services.
Legal services provided to recipients who are not entrepreneurs or professionals and who reside outside the Community are generally not considered to be performed in Spain. However, pursuant to Article 70.2 of the VAT Law, they are considered to be provided in Spanish territory when their effective use or exploitation takes place in said territory. In this case, as they are services for filing Inheritance Tax in Spain, they are subject to the tax.
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