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V1646-20 27 May 2020 · SG de Impuestos sobre el Consumo Criterion in force
IVA · prestación de servicios

Ship logistics services are subject to VAT if the recipient has a registered office or establishment in Spain

A logistics company asks whether its services and those of its Canarian subcontractor are subject to VAT or exempt due to being related to vessels. The DGT determines that they are subject to the tax if the recipient has a registered office or permanent establishment in Spain and the exemption does not apply because the services are not provided to the holder of the operation.

The question raised

Question posed: Taxation under Value Added Tax on the operations carried out by the subcontractor for the benefit of the inquirer, as well as the operations carried out in turn by the inquirer for the benefit of a logistics operator.

The DGT's ruling

The provision of logistics services is subject to VAT when the recipient is a businessperson or professional with a registered office or permanent establishment in the territory to which the tax applies. The exemption for services meeting the needs of vessels is not applicable in this case, as said exemption requires that the services be provided to the holder of the operation (shipowner or consignee) and not to a third party. If the Canarian subcontractor is not established in Spain, the inquirer shall be the taxable person under the reverse charge mechanism.

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