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A content creator inquires about the VAT and Income Tax (IRPF) treatment of income received from a US-based platform. The Tax Agency determines that the transaction is not subject to VAT due to the customer's location and that there is no obligation to withhold Income Tax because the platform is not a taxable person in Spain.
Cuestión planteada Tributación en IVA e IRPF (retención en factura).
El suministro de vídeos mediante una plataforma de internet se considera un servicio prestado por vía electrónica. Al estar el destinatario en EE. UU. y no tener establecimiento permanente en España, la operación no está sujeta al IVA. Respecto al IRPF, la plataforma estadounidense no es sujeto obligado a retener al no operar en España, por lo que no nace la obligación de practicar retención.
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