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V3616-15 19 November 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IVA · localización de las prestaciones

Consultancy services may be subject to VAT if effectively used for operations in Spain

A software consultant asks whether VAT must be charged when providing services to a foreign company and whether the company is required to withhold income tax (IRPF). The DGT indicates that VAT is applicable if the services are used to carry out operations in Spain, and that the foreign company is not obliged to withhold income tax unless specific conditions for deductible expenses are met.

The question raised

Question raised 1st In relation to VAT, the obligation to charge the tax by both the consultant and the company for which they will provide services.

The DGT's ruling

Consultancy services provided to a non-EU entity shall be located in Spain and subject to VAT if they are effectively used or exploited to carry out operations in Spanish territory. In this case, the recipient shall be the taxable person under the reverse charge mechanism. Regarding IRPF, a foreign company without a permanent establishment in Spain is not obliged to perform withholding, unless the case of income constituting a deductible expense for the non-resident applies.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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