- A physical person writing 1 to 3 articles for a website in exchange for economic compensation is exempt from VAT under article 20.1.26
- This exemption applies because the services are provided by authors as long as they do not act as a business or professional
- The key factor is not the number of articles written but whether the individual acts with the intention to operate in the market as a business or professional
- According to article 4.1 of Law 37/1992, services provided by businesses or professionals are subject to VAT even if only occasionally
- The frequency of the activity does not determine tax liability rather the organization of resources with the intent to participate in the market
- If the operation is isolated and without continuity it is not considered a business or professional activity
- Services provided by authors including copyright are exempt if performed for digital newspapers or magazines as per article 20.1.26 of Law 37/1992
- Intellectual property protection covers both original and derivative works according to Royal Legislative Decree 1/1996
- If the individual qualifies as a business or professional they must adhere to formal obligations such as invoicing maintaining accounting records and filing tax returns as stated in article 164 of Law 37/1992
- The response is based on articles 4 5 and 20.1.26 of Law 37/1992 and articles 5 and 11 of Royal Legislative Decree 1/1996 concerning intellectual property and copyright laws
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.
