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A sports club has requested clarification on whether sponsorship, advertising, and image rights services are subject to VAT when the client is a company from a third country. The DGT has determined that these services are not subject to VAT if the recipient is not resident in Spain and does not use those services to carry out operations within Spanish territory.
Cuestión planteada Sujeción de la operación al Impuesto sobre el Valor Añadido en España.
La cesión de derechos de patrocinio, publicidad e imagen no está sujeta a IVA si el destinatario es un empresario no residente sin sede ni establecimiento en España. No obstante, si el servicio se utiliza o explota efectivamente en España para realizar operaciones sujetas, se aplicará la regla de uso efectivo. El derecho de acceso a eventos deportivos sí está sujeto al impuesto si el evento se realiza en España, sea el destinatario empresario o particular.
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