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A Spanish company will provide intermediary services to a Colombian entity from Spain. The DGT states that, due to the absence of a permanent establishment in Colombia, profits are only taxable in Spain under the double taxation treaty.
Question posed: Whether the Spanish company should be subject to withholding in Colombia due to its invoicing.
In accordance with Article 7 of the Spanish-Colombian Convention, the profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other State through a permanent establishment. Since the Spanish entity does not have a permanent establishment in Colombia, its income from brokerage services may only be taxed in Spain and cannot be subject to withholding in Colombia.
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