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A German company without a permanent establishment in Spain asks who the VAT payer should be for its sales of tools and which Spanish VAT ID it should include on invoices. The DGT responds that the recipient is the VAT payer and that the company must request a Spanish VAT ID to meet its invoicing obligations.
Cuestión planteada Sujeto pasivo de las reventas de herramientas.
En entregas de bienes realizadas por entidades no establecidas en el territorio de aplicación del Impuesto, el sujeto pasivo será el empresario destinatario de las mismas, siempre que no se trate de las excepciones legales. Los sujetos no establecidos que realicen operaciones en las que resulten ser sujetos pasivos deben solicitar un NIF-IVA español a la Administración para cumplir con los requisitos de facturación.
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