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A company has requested clarification regarding the VAT treatment of software consultancy services for vessels provided to clients both within and outside the EU. The DGT indicates that taxation will depend on whether the client is a taxable person or a professional, as well as their geographical location.
Cuestión planteada Sujeción al Impuesto sobre el Valor Añadido de las operaciones objeto de consulta.
Si el destinatario es un empresario o profesional con sede o establecimiento en España, el servicio está sujeto al IVA con el tipo general del 21%. Si el destinatario no es empresario y está fuera de la Unión Europea, el servicio no estará sujeto al IVA en España. No se considera servicio prestado por vía electrónica ante la falta de información que permita acreditarlo.
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