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A self-employed professional inquired whether they could request their sole distributor to refrain from applying Income Tax (IRPF) withholdings. The Directorate General for Taxes (DGT) ruled that the obligation to withhold is mandatory when legal requirements are met.
Cuestión planteada Puede elegir que este distribuidor no le haga retenciones a cuenta del IRPF.
Cuando un obligado a retener satisface una renta sometida a dicha obligación, está imperativamente obligado a practicarla. No existe opción para que el perceptor elija que no se le practique la retención. Si el pagador es un empresario y la renta está prevista en el artículo 75 del RIRPF, la retención es obligatoria.
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