The official list of influencers in Spain has begun to take shape since the new General Law on Audiovisual Advertising of 2023 was approved last May, which requires content creators to register to regulate their activity with the Tax Agency. During this voluntary registration period, names such as Laura Escanes, Ibai Llanos, Dulceida, Paula Echevarria or Tamara Falcó. Others, as well or better known, such as Maria Pomboare still absent from the aforementioned list.
Pablo Castellanos’ wife is not the only absence that has surprised at this point: also that of Alexandra Pereira, Paula Gonu, Marina Rivers, Violeta Mangriñán and Sofia Suescun. At the moment, the Tax Agency only has 36 people registered and another 21 are in the process. Among the requirements, exceeding one million followers on a social network, publishing 24 or more content in 12 months or earn more than 300,000 euros gross per year from their activity as an ‘influencer’. July 2 was the deadline for registration, so it follows that both María Pombo and the rest of the absentees have an ‘excuse’ to get out of it, although the number of followers would not be one of them, since all of them exceed one million by far.
The new law also prohibits advertising content that may promote social exclusion or link success with beauty standards and stresses that content must be classified by age. Hidden advertising, tobacco, drugs, alcohol and gambling are also prohibited. Violations of this article may constitute a crime that will be compensated with a fine of at least 10,000 euros, while failure by users to comply with the established obligations over an uninterrupted period of one month constitutes a “very serious violation”, punishable by fines of up to 60,000 euros.
The list includes such well-known people as Ibai Llanos, El Rubius, El Xokas, Jordi Wild, Laura Escanes, Lola Lolita, Tamara Falcó, Nuria Roca, Paula Echevarría, Verdeliss, Romuald Fons, Tamara Gorro, Verónica Díaz and Dulceida.
Under the magnifying glass of the Treasury
It is worth remembering that since February 17, all countries of the European Union and all digital platforms, regardless of their size, have adopted the European Digital Services Law, which came into force on November 16, 2022. Until recently, no influencer declared bribes to the Tax Agency, much less the trips they enjoyed or the restaurants they went to in exchange for advertising on social networks. But the story (and the law) changed: They are not considered income as such, but they are remuneration and, therefore, must be reported.
The General Law on Audiovisual Communication (published in the BOE in July 2022) defines influencers as providers of audiovisual communication services and, as such, they must be registered as self-employed or have their own company and must, in turn, register in a State Registry. In addition to invoicing their professional activity like any other self-employed worker, they must report any service (travel, restaurant, beauty session, manicure…) that they receive in exchange for advertising or mention on social networks, as well as gifts (clothes, bags…) that they receive from brands, since the Tax Agency considers them subject to declaration.
The services for which an influencer must declare to the Treasury are divided into five categories: direct advertising, consumer advertising, travel and gifts, YouTube (in the event that the platform pays the account holder a random advertising commission) and product sales.
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