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What income tax withholding (IRPF retención) does a freelancer in Spain apply on invoices?

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15% of the gross fee for professional activities. If you are starting as a professional and did no professional activity in the year before, the rate is 7% in your first tax year and the two following, provided you tell the client in writing. Withholding applies when the payer is a business, professional or entity.

Key facts

What The law says Source
Standard rate 15% of gross income from professional activities Ley 35/2006, art. 101.5.a; RD 439/2007, art. 95.1
New professionals 7% in the tax year you start and the two following, if you did no professional activity in the year before you started RD 439/2007, art. 95.1
Condition for 7% You tell the payer in writing; the payer keeps the signed communication RD 439/2007, art. 95.1
What counts as “professional” In general, activities in Sections 2 and 3 of the business tax (IAE) tariffs RD 439/2007, art. 95.2
Who must withhold Companies and other entities; people with a business or profession paying in the course of it; non-residents with a permanent establishment in Spain; among others RD 439/2007, art. 76.1
Quarterly instalments Not required for professional income if at least 70% of last year’s income from the activity had tax withheld RD 439/2007, art. 109.2

How withholding works

The IRPF law (Ley 35/2006, art. 101.5) sets 15% withholding on income from professional activities defined by regulation, and lets the regulation set a 7% rate for some professionals. RD 439/2007, art. 95.1, applies 15% to the gross income paid for a professional activity.

First years. If you start a professional activity and did no professional activity in the year before you started, the rate is 7% for the tax year in which you start and for the two following years. To use it, you must tell the client that you meet this condition, and the client must keep your signed communication.

Who withholds. Withholding is done by the payer. RD 439/2007, art. 76.1, lists who must withhold, including companies and other entities, people paying in the course of their own business or profession, and non-residents operating in Spain through a permanent establishment.

Withholding and quarterly tax payments

Professionals normally pay quarterly IRPF instalments. Under RD 439/2007, art. 109.2, you don’t have to make them for your professional income if at least 70% of the previous year’s income from that activity had tax withheld. When you start an activity, the percentage withheld during the instalment period counts (art. 109.5).

Sources

  1. Ley 35/2006, de 28 de noviembre, del Impuesto sobre la Renta de las Personas Físicas, art. 101.5 (consolidated text, BOE) checked 2026-10-25
  2. Real Decreto 439/2007, Reglamento del Impuesto sobre la Renta de las Personas Físicas, arts. 76, 95 and 109 (consolidated text, BOE) checked 2026-10-25

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This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.