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A professional sought clarification on whether their distributor localisation services for a US company were subject to VAT and if they could deduct the tax. The DGT determined that the service is not located in Spain and is therefore not subject to VAT, while maintaining the right to deduction.
Cuestión planteada 1. Localización de dichos servicios. 2. Derecho a la deducción.
La prestación de servicios a una entidad americana no se localiza en el territorio de aplicación del impuesto según el artículo 69.Uno de la Ley 37/1992. No es aplicable la cláusula de uso efectivo del artículo 70.Dos porque la empresa destinataria no realiza actividades en España. Al no localizarse la operación en España, la consultante mantiene el derecho a la deducción según el artículo 94.Uno de la Ley 37/1992.
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