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A Spanish company enquired whether the installation and maintenance of a photocopier are subject to VAT when the client resides in another Member State. The DGT has determined that, as no special rules apply and the client has no permanent establishment in Spain, the services are not considered to have been performed in Spanish territory.
Cuestión planteada Localización de los servicios prestados por el consultante.
Las prestaciones de servicios no se entenderán realizadas en el territorio de aplicación del Impuesto si el destinatario es un empresario establecido fuera de este y no dispone de un establecimiento permanente en el territorio donde se prestan los servicios de instalación y mantenimiento. Al no resultar de aplicación las reglas especiales del artículo 70 de la Ley 37/1992, los servicios no están sujetos al IVA en España.
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