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An architect inquired whether services provided for a construction project in Peru are subject to VAT, given they were subcontracted by a Spanish company. The DGT ruled that the transaction is not subject to the tax because the property is located outside the territorial scope of Spanish VAT.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de la operación objeto de consulta
Los servicios de arquitectura relacionados con la ejecución de obras inmobiliarias se consideran prestados en el territorio de aplicación del impuesto solo cuando el inmueble radiqué en dicho territorio. Al estar el edificio situado en Perú, la prestación no está sujeta al IVA, independientemente de que el destinatario del servicio sea un empresario con sede en España.
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