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Official Clearance: DAC7 Regulations Encompassing Due Diligence and Reporting Duties for Digital Platforms Get the Green Light

The Royal Decree 117/2024, dated January 30, outlines the rules and procedures for due diligence in the mandatory automatic exchange of information reported by digital platform operators. It also amends the General Regulation of tax management and inspection procedures and the development of common procedures for tax application, as approved by Royal Decree 1065/2007. This action is in line with the transposition of Council Directive (EU) 2021/514 of March 22, 2021, amending Directive 2011/16/EU on administrative cooperation in the field of taxation, and other tax regulations.

The directive, known as DAC 7, aims to enhance the framework for information exchange and administrative cooperation within the European Union. It addresses the challenges posed by the digitalization of the economy, introducing a new reporting obligation for digital platform operators concerning the digital economy.

Acknowledging the international context of strengthening information exchange mechanisms, Spain has subscribed to the Multilateral Competent Authority Agreement on the automatic exchange of information regarding income obtained through digital platforms within the framework of the Organization for Economic Cooperation and Development (OECD), along with other international agreements with the same objective.

To facilitate compliance with the new reporting obligation, specific due diligence rules and procedures are established for digital platform operators regarding “sellers.” These sellers are required to provide certain data to the operators, who, in turn, fulfill their reporting obligation to the tax authorities.

The purpose of this royal decree is to set forth the referenced due diligence rules and procedures, as well as to regulate the new registration and information obligations. Together with the legal provisions in the General Tax Law of December 17, 2003, this completes the transposition of Directive (EU) 2021/514 and the implementation of the Multilateral Agreement and other mentioned international agreements.

However, regarding DAC 7, it’s essential to consider Council Directive (EU) 2023/2226 of October 17, 2023, which may introduce further developments or modifications.

Source boe.es (in Spanish)

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