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A company has requested a ruling regarding the taxation of goods deliveries for the electrical interconnection project between Spain and France. The DGT has ruled that, due to a Council Implementing Decision, the works are considered to be situated half in each country; consequently, only 50% of the deliveries are subject to Spanish VAT.
Question raised: Taxation of the aforementioned deliveries of goods.
The deliveries of goods are understood to be carried out 50% in Spanish territory and 50% in French territory. The consultant must charge Spanish VAT on 50% of the consideration. The remaining 50% falls outside the territory of application of the Spanish tax, but allows for the right to deduct the input tax according to Article 94.1.2º of Law 37/1992.
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