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A professional acting as a commercial intermediary asks whether they must apply withholding tax to their invoices. The DGT indicates that the obligation to withhold depends on whether the activity is classified as professional or business-related.
Cuestión planteada Si se debe practicar retención a cuenta del IRPF en las facturas que emita a dicha empresa.
Los comisionistas que solo acercan a las partes para un contrato tributan como profesionales y están sujetos a retención. Si el intermediario asume el riesgo y ventura de las operaciones mercantiles, la actividad se califica como empresarial y no está sometida a retención. La aplicación de la retención dependerá de la forma en que se desarrolle la actividad.
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