How the DGT's position has evolved
Current position
Advisory, intermediation, or data processing services provided to recipients not established in the territory of application may be taxed in Spain if their use or effective exploitation occurs within the national territory. For this localization rule to be applicable, the service must be linked to the performance of transactions subject to tax in Spain. This link may occur whether the recipient is the end user or if the services are reinvoiced to a third party.
The DGT's position remains constant in the application of the rule of use or effective exploitation for advisory and intermediation services. Throughout the rulings, it has been specified that the link to transactions subject to tax in Spain can be direct or indirect, including reinvoicing to third parties. No changes in criterion are observed, but rather a repeated application of the regulations to capture the wealth generated within the national territory.
Turning points
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Clarifies that effective exploitation may occur even if the services are reinvoiced to a third party, provided that the service is related to transactions subject to tax in Spain.
Analysis based on 16 of 17 rulings with a stated position. Updated 25 September 2026.