How the DGT's position has evolved
Current position
The obligation to perform Personal Income Tax (IRPF) withholdings depends on the nature of the payer and their activity within Spanish territory. For a non-resident entity to be obliged to withhold, it must operate in Spain, either through a permanent establishment or by carrying out economic activity. In cases involving international treaties, the obligation to withhold arises if the employment is exercised in Spain or if the exemption conditions of the treaty are not met.
The DGT's position remains constant in determining the obligation to withhold, always linking it to the status of a liable person according to the IRPF Regulations. The rulings analyze different scenarios (subleases, work abroad, or international treaties) but apply the same principle: if the payer is not a liable person because they do not carry out economic activity or do not operate in Spain, the obligation to withhold does not arise.
Analysis based on 49 of 52 rulings with a stated position. Updated 23 September 2026.