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A Spanish company asks whether it must pay retention in Colombia for the transfer of digital cartography ownership. The DGT responds that, lacking a permanent establishment in Colombia, such benefits are only taxable in Spain under the double taxation treaty.
Question raised: The taxpayer asks whether she must bear the withholding tax imposed by the Colombian company.
Income from the economic activity of transferring cartography may only be subject to taxation in Spain, pursuant to Article 7 of the Spanish-Colombian Convention. As the company does not have a permanent establishment in Colombia, withholding tax in said country is not applicable. If an improper withholding were applied, it would not be deductible as an expense for Corporate Income Tax purposes in Spain.
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