2024 will foreseeably bring a change in transactions on digital platforms that will mean that the treasury will have more data on the operations and who carries them out. The implementation of a European directive (DAC7) seeks greater tax transparency in the digital planet, with situations that are more complex to detect. “It could facilitate the emergence of fraud situations,” such as undeclared sales or services provided, explains Montserrat Montoya, corporate tax partner at KPMG Abogados.
What is done on portals such as Wallapop, eBay or Milanuncios will be more controlled. Until now, with those that had to be declared and were not done – services provided or second-hand sales with a profit – fraud was committed in direct taxation (income taxes such as personal income tax or corporate tax if they were companies) and indirect (VAT). The directive will automate data entry and avoid specific requirements for platforms. Juan Osuna, prosecutor partner at Fieldfisher, points out that the DAC7 “is designed above all for professionals who do not want to testify. With it we try to detect people who sell or provide services and are not located.”
As an example, services such as painters, training – such as private tutors -, recreational activities – entertainers at parties -, removals or those who sell cars on the networks or a large number of things, normally less reported. The regulations do not fully define what is meant by “personal services”, such as hourly or construction work, and we will have to see which platforms are required to send data and which are not, warns Montoya. “It should worry those who have a considerable volume or many movements,” continues Osuna.
For the individual who sells a handful of products a year there will be no changes. Then and now, if he sells a product at a lower price than he bought it, which usually happens, he does not have to declare the profit. Nor should you worry any more if he does not exceed certain figures. Wallapop or eBay already inform users that they will ask for their data (name, NIF, residence, bank IBAN…) and will communicate them when they make sales in the year for more than 2,000 euros or carry out more than 30 transactions in the same year. term. The person will not have to do anything: the information will be sent from the platform to the authorities. Yes, it can go wrong if you do not provide the identifying information requested, falsify it or communicate it late, with a possible closure of the account and penalties of 300 euros.
The framework calendar defined that the information for 2023 was sent from January 1, 2024 and before the 31st of said month. But for its full entry into force in Spain there are legal steps left. The regulation is in the advisory process in the Council of State. Sources familiar with the process trust that it will be unraveled by the beginning of the year and then approved “as soon as possible” by the General Directorate of Taxes. After that, the Tax Agency will publish a ministerial order and the declaration period will open with an established model. The data on transactions made in 2023 will be sent there. “There is still room,” these sources point out. “At the moment, the data could not be sent. There is the possibility of extending the deadline,” says Montoya.
What will be done next with this data? Osuna believes that the Tax Agency could launch notices like those that appear in recent years to those who rent homes on platforms. “It will inform you that the activity is known to you, so the taxpayer must decide whether to declare it.” With them it will be possible to detect if there are many operations and little income in the bank, which would indicate “that there is an underground economy in the middle.” Or uncover who has a side activity to make an extra. The regulations enable states to exchange information if their citizens operate in another member country, even with joint inspections. Although January is the designated date, “it is common in Spain to pass laws and take a while to issue the regulations; I don’t think it will be approved before the rent campaign,” Osuna ventures.
