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V1736-17 6 July 2017 · SG de Fiscalidad Internacional Criterion in force
IRPF · beneficios empresariales

An architect's fees for a project in Colombia are not taxable in Colombia (IRPF) nor in Spain (VAT)

An architect resident in Spain inquired whether she should apply withholdings in Colombia for a construction project carried out there. The DGT determines that the income is a business profit that is only taxable in Spain and that the service is not subject to Spanish VAT because the property is located abroad.

The question raised

Question posed: Is there any type of withholding, tax, or charge by the Colombian company or the DIAN when making the payment?

The DGT's ruling

According to the Convention with Colombia, the professional activity of an architect is classified as business profits (Article 7) and not as royalties, therefore they are only taxable in Spain if there is no permanent establishment in Colombia. Regarding VAT, services related to real estate are considered to be provided in the place where the property is located; as the building is in Colombia, the provision is not carried out within the territory of application of the Spanish tax.

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