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V3504-15 ·13 November 2015 ·consulta-vinculante Medium impact
Tax

No legal limit on commission percentages in agency services, unless there is a related-party relationship

An agency firm enquired whether it could agree on a commission of up to 70% with dealerships and whether such expenses and the input VAT were deductible. The DGT ruled that the percentage is freely negotiable and that expenses and VAT are deductible provided legal requirements are met.

In 6 key points

How it affects those involved

This ruling provides legal certainty for agency and intermediary services, confirming that commission rates are subject to freedom of contract, provided they are not influenced by related-party links, and affirming the deductibility of such costs and VAT.

Lifecycle

2015-11-13PublishedPublished 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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