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A research foundation has requested clarification regarding VAT liability for services contracted from companies based in Italy and the United Kingdom. The Directorate General for Taxes (DGT) has ruled that, as the foundation is considered a taxable person and is established in Spain, the reverse charge mechanism applies.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de los servicios consultados.
Las prestaciones de servicios de las empresas extranjeras están sujetas al IVA por realizarse cuando el destinatario es un empresario establecido en España. La fundación debe actuar como sujeto pasivo mediante la inversión del sujeto pasivo. En el caso de la empresa italiana, la fundación tiene la obligación de presentar la declaración recapitulativa de operaciones intracomunitarias.
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