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A professional association of court agents (procuradores) has requested a ruling on whether charging a variable fee to non-member agents operating within its jurisdiction is subject to VAT. The Directorate General for Taxes (DGT) has determined that, as the recipients are located in the Canary Islands, Ceuta or Melilla, the services are not considered to have been performed within the tax territory.
Cuestión planteada Si el cobro de dicha cuota a procuradores establecidos en las Islas Canarias, Ceuta o Melilla se encontraría sujeta al Impuesto sobre el Valor Añadido.
Las prestaciones de servicios a procuradores establecidos en Canarias, Ceuta o Melilla no están sujetas al IVA al no entenderse realizadas en el territorio de aplicación del impuesto. Respecto a la exención de colegios profesionales, esta solo aplica a servicios en interés colectivo de sus miembros mediante cuotas fijadas en estatutos, sin incluir servicios para satisfacer intereses particulares o prestaciones a terceros no adscritos.
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