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A manager of tourist accommodation has enquired whether they must file the Form 179 informative tax return. The Directorate-General for Taxes (DGT) has ruled that the obligation applies only to the intermediary, legally defined as the party receiving remuneration for securing an effective contract.
Cuestión planteada
La obligación de informar mediante el modelo 179 solo corresponde a los intermediarios que perciben una comisión por la consecución del contrato. Si el consultante es el titular de un derecho de subarriendo y actúa como cedente, no es intermediario. Si no es titular del derecho pero la plataforma colaborativa es la que pone en contacto a las partes, el consultante tampoco es el intermediario. Solo estará obligado si presta el servicio de intermediación entre cedente y cesionario sin ser el cedente.
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