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A Spanish company asks whether it must withhold payments made to residents in Argentina for translation services. The DGT explains that retention will depend on whether the payments are classified as fees or professional services under the Double Taxation Convention.
Question raised: Obligation to withhold on payments made by the Spanish company to Argentine collaborators
If the payments are royalties for the assignment of copyrights, the withholding tax in Spain may not exceed 5 percent. If they are considered independent professional services, the withholding tax is limited to 10 percent, unless the professional maintains a fixed base in Spain. In both cases, the paying company is obliged to perform the withholding and payment on account.
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