Rules relating to obligations of digital platform operators approved

• On 31 January 2024, Royal Decree 117/2024 was published in the Spanish official gazette, implementing the rules for the mandatory automatic exchange of information by digital platform operators, in line with Council Directive (EU) 2021/514 (“DAC 7”). The decree came into force on 1 February 2024, and an order (Order HAC/72/2024) approved forms for platform operators. The first information returns are due within two months of the order’s entry into force on 6 February 2024.
• The regulations supplement amendments to the General Tax Law made by Law 13/2023, introducing reporting and due diligence obligations for digital platform operators. The rules aim to establish procedures for obtaining, verifying, and reporting information about sellers using the platforms.
• Key measures introduced by the royal decree include obligations for platform operators to apply due diligence rules to obtain and declare information about sellers to tax authorities. Operators must collect identification data and determine sellers’ residence for reporting purposes. They are also required to verify the information collected and submit a “census declaration” of registration when meeting specific criteria.
• Operators must report relevant information to tax authorities through approved forms, including financial account identifiers, seller residency, consideration paid, and commissions withheld. The deadline for submitting required information is generally the end of January of the following year, with specific deadlines for the initial filing in 2024.
• The reporting obligation applies to platform operators that enter into contracts with sellers and provide a platform for relevant activities.

Source Deloitte

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