New tax information rules for digital platforms and companies

Automatic summary, not yet reviewed

1. Digital platforms that connect sellers with customers must register those sellers, check their information and report it to the Spanish Tax Agency. If a seller fails to provide the requested information after two reminders and 60 days, the platform may close the account or withhold payment.
2. A new 'rectificative self-assessment' is created: where the rules of each tax provide for it, taxpayers may correct, complete or change a previous self-assessment by filing this form, without waiting for an administrative decision.
3. Joint audits with other European Union States are regulated, as well as the presence of foreign officials in Spain and Spanish officials abroad, including by electronic means. Conclusions will be set out in a final report to be notified to the taxpayer within 60 natural days.
4. In the limited verification procedure, the Tax Agency may review business accounting only to confirm it matches the information it already holds. Also, collection bodies are given sole authority to start and decide liability declaration procedures.
5. The Value Added Tax is amended: leaving the non-customs warehousing regime for goods subject to excise duties becomes an operation treated as an import, the 'effective use' rule is excluded for financial and insurance transactions between businesses, and businesses based in the Canary Islands, Ceuta or Melilla may use the e-commerce import scheme without a representative in the Community.
6. The deductibility of net financial expenses under Corporate Income Taxincome tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings. is capped at 30 percent of operating profit, with a minimum deductible amount of €1 million, for tax periods starting on or after January 1, 2024. Tax dispute mechanisms with other EU States are also aligned with the EU dispute resolution Directive.

Who it affects

• Digital platforms selling third parties' goods or services: They must register sellers, run due diligence checks and report information to the Tax Agency, with fines if they fail.
• Sellers using those platforms: They must give information to the operator; if they do not, they may lose their account or have payments withheld.
• Taxpayers who file self-assessments: They will be able to correct their returns using the new rectificative self-assessment where each tax's rules allow it.
• Companies subject to Corporate Income Tax: Their financial expenses are capped at 30 percent of operating profit from 2024.
• Businesses in the Canary Islands, Ceuta and Melilla: They may use the special e-commerce import scheme without a Community-based intermediary.

Words worth knowing

Autoliquidación (self-assessment)

A tax return that the taxpayer calculates and files themselves, not the Tax Agency.

Diligencia debida (due diligence)

Checks a platform must run to verify the identity and details of its sellers.

Asistencia mutua (mutual assistance)

Cooperation between the Spanish Tax Agency and other countries' tax authorities to exchange information and work together.

Comprobación limitada (limited verification)

A simple review of returns that the Tax Agency carries out at its offices, without a full audit.

Régimen de depósito distinto del aduanero (non-customs warehousing regime)

A customs arrangement allowing goods to be stored with taxes suspended until they leave the warehouse.

income tax

The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries