- The DGT confirms that selling NFTs is an economic activity subject to IRPF and IVA as an electronic service.
- The digital artist plans to create and sell NFTs professionally through virtual platforms.
- The DGT clarifies the tax treatment for NFT sales under IRPF and IVA.
- For IRPF, NFTs are considered intangible assets, similar to cryptocurrencies, and sales are treated as economic activity income.
- For IVA, the artist is considered a business entity, and NFT sales are classified as service provision, not goods delivery.
- The service is electronic, subject to a 21 percent IVA rate if conducted within the tax territory.
- If the marketplace acts on its own behalf, it is responsible for IVA.
- If the platform is not based in Spain, the service provided by the artist is not subject to Spanish IVA.
- The taxable base is calculated in euros, even if payment is in cryptocurrencies, using the seller’s wallet platform rate.
- Relevant laws include IRPF Law 35/2006 and IVA Law 37/1992, along with EU Regulations 282/2011 and 2023/1114.
- The EU Court ruling C-695/20 supports the presumption that platforms act on their own behalf when controlling transactions.
Source: audiconsultores-etlglobal.com
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
