How the DGT's position has evolved
Current position
The obligation to withhold tax on royalties arises at the time the income becomes due or at the time of payment, if the latter occurs earlier. To apply the benefits of tax treaties, it is necessary to prove the recipient's residence through certificates valid for one year. The tax treatment depends on the classification of the income and the withholding limits established in each specific treaty.
The DGT does not show a doctrinal evolution regarding the definition of royalties, but rather applies different criteria depending on the applicable treaty (Colombia, Morocco, Brazil, Switzerland, or Italy). The rulings focus on the classification of the income (distinguishing between technical assistance, professional services, or copyrights) and on the withholding limits at source. The latest ruling introduces clarifications regarding the moment the obligation to withhold arises and the proof of residence.
Turning points
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Establishes that the obligation to withhold arises upon the income becoming due or upon payment, and links this moment to the proof of the recipient's residence.
Analysis based on 21 of 24 rulings with a stated position. Updated 24 September 2026.