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A musical instrument manufacturer seeks clarification regarding the location of a delivery involving installation in Germany, as well as its invoicing and reporting obligations. The DGT rules that the transaction is located in the country of installation and should be excluded from Model 349 and the Intracommunity Transactions Register.
Question raised: Place of performance of the operation subject to consultation. Invoicing obligations with each down payment, with each delivery in stages, and when the final delivery is certified. Obligation to declare down payments in Form 349.
La entrega de bienes que deban ser objeto de instalación o montaje antes de su puesta a disposición se localiza en el Estado miembro donde se realice dicha instalación. Al no ser una entrega intracomunitaria según el artículo 25 de la Ley del IVA, no existe obligación de declarar los envíos de piezas ni los cobros en el Modelo 349 ni en el Libro Registro. No obstante, se debe expedir factura por la operación y por los pagos anticipados recibidos, ajustándose a la normativa de facturación.
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