Complex VAT rules to make e-commerce simpler: A Spanish perspective

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


Complex VAT rules to make e-commerce simpler: A Spanish perspective

Sponsored by

Spanish VAT Services logo.jpg
These are technically complex rules aimed to make life simpler for e-commerce operators

Fernando Matesanz of Spanish VAT Services explains why not all e-commerce operators will benefit from the new EU VAT rules.

The former VAT rules governing e-commerce transactions have proved to be an obsolete procedure that does not meet the current needs of the market, as they impose detrimental administrative burdens on the entities that carry out this type of transaction, especially for international entities.

This is why a series of rules were approved which are applicable as of July 1 2021. These new rules are the EU Directives 2017/2455 and 2019/1995 and also the EU Implementing Regulation 2019/2026.  The directives and regulation aim to modernise and facilitate the taxation and VAT compliance for all companies selling goods online.

One of the main objectives of the new rules is to generalise the principle of taxation at the destination of ecommerce sales. In other words, online sales of goods will be subject to VAT in the country in which the recipient of the goods is domiciled (member state of consumption).

As regards intra-community distance sales of goods (those where the transport of the goods starts in a member state and ends in a different member state), in order to simplify the declaration and payment of VAT, a one-stop-shop scheme (OSS scheme) is established whereby such sales will be declared in a single member state (member state of identification). 

Impact on Spain

A Spanish online seller of goods will be able to declare and pay VAT to the Spanish tax authority on all sales of goods throughout the EU. The seller will be obliged to charge the corresponding applicable VAT rates in each of the countries where his customers are domiciled. However, the payment of all VAT due can be made to the Spanish tax authority by filing a single special VAT return.

The Spanish tax authorities will, afterwards, repay the VAT to the corresponding member states. This will avoid the obligation for these sellers to register themselves for VAT in all  member states where they have customers – this happened with the former distance sales scheme.

Another rule in force since July 1 2021 is the new scheme for sales of goods sent from third countries to an EU consumer (IOSS scheme). This new scheme aims to shift the VAT revenue from the point of importation to the point of sale of  goods.

To this end, an exemption from the payment of VAT on importation is established provided that the value of the consignment does not exceed the intrinsic value of €150 (approximately $177). An IOSS scheme is then established whereby VAT is declared and paid in a single member state by means of a special declaration (member state of identification).

The VAT rate to be applied will be that in force in the member state where the recipient of the goods is domiciled (member state of consumption). In this way, a Spanish seller who sells goods online sent directly from a third country, if he decides to register under this special scheme, will not have to pay VAT on importation and will simply have to file a VAT return with the Spanish tax authority where all sales made within the EU will be included.

Finally, a complex system of liability is established for digital interfaces facilitating e-commerce sales under certain circumstances. A deemed chain transaction has been established whereby the seller supplies the goods to the interface and the latter supplies said goods to the consumer who has ordered them. VAT will be charged only on this second sale to which the OSS or IOSS rules apply depending on where the goods are dispatched from. The platform is, therefore, responsible for paying VAT to the administration.

These are technically complex rules aimed to make life simpler for e-commerce operators. However, not all e-commerce operations will benefit from the new rules. For example, those business models that involve keeping stock of products in different locations will see their formal obligations increase (these simplifications will not affect them). Moreover, digital platforms will have to rethink their business models due to the greater responsibility they will assume vis-à-vis tax administrations.

Finally, drop-shipping operators, due to the particularities of their activities, have experienced considerable growth in previous years. Drop-shipping operators are one of the main operators affected by the new rules, as their business model will have to be reconsidered.

There were many options to bring the VAT regulatory framework closer to the economic reality of e-commerce. The truth is that the EU legislator has opted for one of the most technically complex options. Time will tell whether the measures have had the desired effect.

 

Fernando Matesanz

Managing director, Spanish VAT Services 

E: fmc@spanishvat.es

 

 

 

 

more across site & shared bottom lb ros

More from across our site

Opening doors for existing talent within Baker McKenzie and a desire for enhanced legal capabilities informed Ricardo Perera’s switch from KPMG
Boaz Goren’s move to the upstart PE-backed firm takes the number of senior UK tax professionals who have left EY this year to 13
The allegations against Deloitte Cyprus raise uncomfortable questions about how far the big four can distance themselves from misconduct at member firms
The UAE accounted for most Middle East promotions and new rankings, as A&M Tax, Baker McKenzie, Dhruva Consultants and DLA Piper breached the top tier
Spanish-headquartered multinationals lead on reporting quality, while US and Swiss groups lag in the Fair Tax Foundation’s expanded analysis
Former IRS commissioner Danny Werfel joins ITR for a must-listen conversation spanning his time leading the agency, his AI risk framework, and the future of the OECD
Tax and legal services was PwC’s fastest-growing business line last year, helping to put the firm back on a par with its big four rivals
Ex-EY and Hourani & Partners leader Zain Satardien is using flexible staffing and AI-enabled systems to test a leaner model for specialist legal and tax advice
The big four firm is rightfully prioritising transparency and accountability as it seeks to rebuild from its scandal, but a glaring structural issue remains
A recent hiring flurry has taken the firm’s number of partner appointments this year to 121 and put it on track to hit 160 partner target early
Gift this article