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A tour guide inquires whether their services are subject to VAT when contracted by a foreign company or an individual. The DGT rules that it depends on the effective recipient of the service.
Question raised For the purposes of Value Added Tax, it is questioned whether the operation is subject to the Tax, who must file a return and how, whether the Tax must be charged on the invoice, and whether the answer would be the same if the services were contracted by a foreign natural person.
If the recipient is an entity not established in the territory to which the tax applies, the operation shall not be subject to VAT and the tax must not be charged on the invoice. However, if the recipient is an individual acting not as a businessperson or professional, the services shall be understood to be performed in the territory to which the tax applies and the general rate of 21% must be charged.
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