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A company asks whether sending goods subject to special taxes to a fiscal deposit in another EU member state must be declared in form 349 and Intrastat. The DGT responds that the operation is treated as a non-VATable delivery and requires a summary declaration.
Question raised - Obligation to declare said operation in the recapitulative statement of intra-Community transactions (Form 349) and in the Intrastat declaration.
The transfer of goods to a customs warehouse in another Member State under a suspensive regime is considered an operation assimilated to a supply of goods for consideration pursuant to Article 9.3 of Law 37/1992. This operation is exempt from VAT as it constitutes an intra-Community supply. The Spanish entity is obliged to submit the recapitulative statement of intra-Community transactions (Form 349) and must possess the Tax Identification Number/VAT number of the Member State of destination.
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