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V1965-18 2 July 2018 · SG de Impuestos sobre el Consumo Criterion in force
IVA · sujeto pasivo

The purchaser is the taxable person for VAT if brass bars are deemed semi-finished products under the Combined Nomenclature

A company has requested clarification regarding which party is the taxable person for VAT when purchasing brass bars for processing. The DGT indicates that if these goods are classified as semi-finished products according to the Combined Nomenclature, the purchaser shall be the taxable person under the reverse charge mechanism.

The question raised

Question raised: Taxable person for Value Added Tax on the purchase operations carried out by the consulting entity

The DGT's ruling

If the goods are included in the categories of the Combined Nomenclature cited in the law, the taxable person shall be the acquiring entrepreneur or professional. Otherwise, the taxable person shall be the entity making the supply. The competence to determine the classification in the Combined Nomenclature lies with the Department of Customs and Excise.

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