New regulations for 2018

UEFA Champions League 2019 and UEFA EURO 2020 finals: VAT changes introduced by Royal Decree 27/2018 of 28 December (BOE of 29 December)

The first Additional Provision of Royal Decree-Law 27/2018, of December 28, in its fourth section establishes a specific VAT tax regime for the organizing entity of the event, the participating teams , legal entities established by both on the occasion of these events and businessmen not established in the Peninsula and the Balearic Islands who carry out operations related to them:

• Refund of fees incurred as a result of carrying out operations related to the holding of these events:

  1. Entrepreneurs not established in the Community: The reciprocity requirement provided for in Article 119 bis of Law 37/1992 will not be required.

  2. Organising entity, participating teams, legal entities established by both for the purpose of these events and businessmen not established in the Peninsula and the Balearic Islands:

     When they have the status of taxpayers, they will have the right to a refund of the fees incurred due to these events at the end of each settlement period. The settlement period will coincide with the calendar month, and tax returns must be submitted during the first 20 calendar days of the month following the settlement period, except for the last period of the year, which must be submitted during the first thirty calendar days of the month of January.　

     These entrepreneurs will not be required to keep Tax Registration Books through the Electronic Office of the AEAT (SII).　

     In the case of non-established entrepreneurs or professionals who meet the requirements set out in articles 119 or 119 bis of Law 37/1992, the refund of the incurred taxes will be made in accordance with the procedure established in said articles and in articles 31 and 31 bis of the Tax Regulations, approved by Royal Decree 1624/1992.

• Tax representative　

  In the case of businessmen or professionals not established in the Community, the Canary Islands, Ceuta or Melilla, or in a State with which there are instruments of mutual assistance analogous to those established in the Community, it will not be necessary for them to appoint a representative for the purposes of compliance. of tax obligations related to VAT (exception to what is established in article 164.Uno.7 LIVA).

• Temporary importation of goods with full exemption from duties　

  The import of goods used temporarily in the development of these events will be exempt from VAT. The maximum period of 24 months for its use provided for in article 9.3.g) of the LIVA will expire, at the latest, on December 31 of the year following the end of these sporting events.

• Location of services: effective use rule

  The rule established in article 70.Two of the LIVA, according to which certain services located outside the EU are taxed in the territory of application of Spanish VAT if their effective use occurs in this territory, will not be applicable when the services are provided by legal entities resident in Spain established on the occasion of the final of the "UEFA Champions League 2019" and "UEFA EURO 2020" by the organizing entity or by the participating teams and are in relation to the organization, promotion or support of said event. In this way, services such as the transfer of licenses, the leasing of movable property, advice or advertising, provided by these entities to entrepreneurs established outside the EU or those of telecommunications, radio broadcasting and television, provided to both entrepreneurs and Individuals domiciled outside the EU will not be subject to VAT.

por el que se adoptan determinadas medidas en materia tributaria y catastral.(BOE, 29-diciembre-2018)