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A Spanish company has enquired about how to determine the location of legal advisory services provided to an EU business without a VAT number. The DGT has ruled that the location will depend on whether the recipient is a business or a professional and on their place of establishment.
Cuestión planteada Localización y sujeción de dichos servicios.
Al no existir una regla especial, se aplican las reglas generales del artículo 69 de la Ley 37/1992. Si el cliente es un empresario o profesional establecido en la UE y no comunica su NIF-IVA, el prestador puede considerar que no tiene dicha condición, salvo que disponga de información que indique lo contrario. En ese caso, el servicio se localizaría en territorio español.
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