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V3444-16 ·20 July 2016 ·consulta-vinculante Medium impact
Tax

Assignment of commercial software exploitation rights classified as royalties under Spain-US Treaty, subject to exceptions

A Spanish company sought clarification on whether it was required to withhold tax on software license payments made to a US entity. The Directorate General for Taxes (DGT) ruled that such income is classified as royalties if the right to commercial exploitation is transferred, unless the software is standardised and does not grant rights to adaptation or reproduction.

In 6 key points

How it affects those involved

Companies using US-based software must distinguish between standardised software and software involving commercial exploitation rights to determine correct withholding tax obligations under the Double Taxation Treaty.

Lifecycle

2016-07-20PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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