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V1855-18 25 June 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · servicios prestados por vía electrónica

Mobile unlocking services provided electronically are subject to VAT based on the recipient's location

A consulting company mediates mobile phone unlocking through an entity in the United Kingdom. The DGT analyzes whether these services, performed online, constitute services provided by electronic means and how their place of supply is determined for VAT purposes.

The question raised

Question posed: Liability of the services provided by the consultant to Value Added Tax.

The DGT's ruling

Mobile unlocking services performed online are classified as services provided by electronic means. When the consultant acts in its own name, it is understood that it receives and provides the services itself. The service of the British entity is subject to VAT because the recipient is the consultant, established in Spain. The consultant's services to end consumers are subject to VAT if they reside or are established in Spanish territory.

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