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A Finnish energy group sought guidance on whether outsourcing its customer service to a third-party company, whose subsidiary operates in Spain, creates a permanent establishment in Spanish territory. The DGT ruled that since no economic activities related to its corporate purpose are carried out in Spain, no taxation is required.
Cuestión planteada Régimen fiscal aplicable.
Dado que el grupo finlandés no realiza actividades económicas relacionadas con su objeto social en España ni cuenta con clientes españoles, sus rendimientos no están sometidos a tributación en España. El Convenio entre España y Finlandia establece que los beneficios solo tributan en el Estado donde la empresa tiene un establecimiento permanente.
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