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The Spanish tax authority examines whether a transaction involving a Spanish company buying goods from a UK entity, received directly from a Portuguese supplier, qualifies as an intracommunity acquisition or as a domestic supply subject to Spanish VAT.
Question posed: Taxation of the described operation under Value Added Tax and the formal obligations derived therefrom for the Spanish company requesting the ruling.
If the intermediary does not communicate its VAT number from the Member State of origin (Portugal) to the supplier, the transport is linked to the delivery by the first supplier. In this case, the delivery from the intermediary to the taxpayer shall be an intra-community delivery in Spain subject to VAT. As the supplier is not established in Spain, the reverse charge mechanism shall apply, with the taxpayer being the taxable person.
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