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V0468-16 8 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IVA · prestación de servicios

Intermediary services subject to VAT; commissions to IRPF or IRNR

A company asks about the tax treatment of commissions paid to intermediaries for digital services. The DGT states that mediation services are subject to VAT, and commissions may be considered professional income (IRPF) or retained income (IRNR) depending on the case.

The question raised

Question raised: Subjectivity to VAT of the service provided by intermediaries and subjectivity to withholding tax of the commissions.

The DGT's ruling

The intervention of intermediaries acting on behalf of others is a supply of services subject to VAT, located in the territory of the recipient. Commissions paid to residents are income from professional activities subject to withholding tax. For non-residents, taxation in Spain depends on whether the service is used for the activity in Spain and the existence of a double taxation treaty.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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