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An insolvency practitioner enquired whether withholding tax should be applied to the amount of a professional services invoice following a court ruling that required payment of the full contested amount. The Directorate General for Taxes (DGT) responded that withholding must be applied to the total amount that the judicial resolution obliges them to pay.
Cuestión planteada Si debe practicar retención sobre dichos rendimientos atendiendo al importe reflejado en la factura recibida.
El pagador que ejerza una actividad económica está obligado a retener sobre los rendimientos de actividades profesionales que satisfaga. Cuando una resolución judicial obligue a satisfacer una renta sujeta a retención, el pagador debe practicar la misma sobre la cantidad íntegra que deba abonar. En este caso, el tipo de retención aplicable es el del 15 por ciento sobre los ingresos íntegros satisfechos.
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