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A non-resident company has queried whether its digital interface service for vehicle trading is subject to the Digital Services Tax. The DGT has determined that, as the intermediary owns 100% of the entity performing the underlying transaction, the service is not subject to the tax.
Cuestión planteada
Los servicios de intermediación en línea con operación subyacente son aquellos que facilitan la entrega de bienes o servicios mediante una interfaz digital. No obstante, las prestaciones de servicios digitales no están sujetas al impuesto cuando se realizan entre entidades que forman parte de un grupo con una participación directa o indirecta del 100 por cien. En este caso, al existir identidad total entre las partes, la operación se considera interna.
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