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A query was raised regarding whether an entity using a collaborative platform must file the quarterly informative return for the assignment of housing for tourist purposes (Form 179). The DGT ruled that the obligation rests solely with the intermediary who receives remuneration for securing the contract.
Cuestión planteada
La obligación de informar solo corresponde al intermediario que percibe una retribución o comisión por la contratación efectiva entre cedente y cesionario. Si la consultante actúa como titular de un derecho de cesión (cedente), no es intermediaria. Si no es titular del derecho, tampoco está obligada si actúa mediante una plataforma colaborativa, ya que la intermediación la realiza la plataforma y no la consultante.
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