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A query was raised regarding whether joint directors of a German company must obtain a Spanish Tax Identification Number (TIN) for the entity's census declaration. The Directorate-General for Taxes (DGT) ruled that this is not necessary if they do not carry out transactions with tax implications or act as representatives in proceedings before the Spanish Administration.
Cuestión planteada
Los administradores de una entidad extranjera no están obligados a obtener un NIF español si no realizan operaciones de naturaleza o trascendencia tributaria. Si la representación de la entidad ante la Administración española se ha otorgado a una entidad que ya dispone de NIF, los administradores no necesitan identificarse con NIF propio. Por tanto, la ausencia de NIF de dichos administradores en la declaración censal de alta no impide la inscripción en el ROI.
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