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A self-employed professional inquired whether their team supervision services in India and digital marketing services for a UK company are subject to VAT. The DGT ruled that, although these do not qualify as electronic services due to the requirement for human intervention, they could be subject to VAT if it is demonstrated that their effective use or exploitation occurs within Spanish territory.
Cuestión planteada Sujeción de los mencionados servicios al Impuesto sobre el Valor Añadido.
Los servicios de supervisión y marketing no son servicios electrónicos si requieren una importante intervención humana y no están automatizados. Por regla general, al ser el destinatario una empresa en el Reino Unido, la prestación no se realiza en España. No obstante, se aplicará el criterio de uso y explotación efectiva si los servicios se utilizan o explotan materialmente en territorio español, lo cual debe probarse caso por caso.
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