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A software and advertising company sought clarification on whether its web-based advertising services qualified as services provided by electronic means. The DGT has determined that these are advertising services and that their location depends on the recipient's registered office.
Cuestión planteada Lugar de realización de las operaciones efectuadas.
Los servicios de publicidad deben calificarse como tales independientemente de que se realicen por medios electrónicos o telemáticos. Si el destinatario es un empresario o profesional con sede o establecimiento permanente en España, la operación se localiza en territorio español y está sujeta al IVA. Si el destinatario es un empresario de otro Estado Miembro sin establecimiento en España, la operación no estará sujeta al IVA.
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