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A query was raised regarding whether legal representation services provided by a Spanish professional to foreign clients are subject to VAT in Spain. The DGT has determined that taxability depends on whether the recipient is a business or a professional, and whether the service is effectively used to carry out activities within Spain.
Question raised: Treatment for Value Added Tax purposes.
Legal representative services provided by a professional in the Peninsula are located in Spain if the recipient is a business or professional established in the territory and the service is intended for their activity. They shall not be subject to tax if the recipient is a non-business person domiciled outside the Community. To apply the effective use clause (art. 70.Two), the service must be linked to operations that the recipient performs or intends to perform in Spain.
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