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An architect consulted whether their services provided to an entity in Melilla are subject to VAT. The DGT ruled that, as the services relate to real estate located in Melilla, the transaction is not subject to the tax because Melilla is not part of the Spanish VAT territory.
Cuestión planteada Conocer si la citada operación está sujeta al Impuesto sobre el Valor Añadido.
Los servicios técnicos relacionados con la ejecución de obras, como los prestados por arquitectos, se consideran realizados en el lugar donde radican los bienes inmuebles. Dado que Melilla se excluye del territorio español de aplicación del IVA, los servicios vinculados a inmuebles situados allí no están sujetos al impuesto.
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