TikTok is being used to give illegal tips on avoiding taxes
TikTok is becoming a platform to spread useful information to people. From how to fix car problems to how to use DIY tools, to say a few things. But it is also capable of spreading hoaxes and hate messages, which has been seen with recent videos on how to avoid taxes in Spain on TikTok, which are legal frauds.
Needless to say, many of them present ideas that, for the generally young TikTok audience who probably don't even know how to file a tax return, will try to follow these steps believing that they are smarter than everyone else. In reality, they would be "saving» little at best, and committing a crime at worst.
TikTok says that you can save taxes, but it is not something that economists or managers recommend because they are frauds
According to the Maldita Tecnología portal, from the Maldita conglomerate, videos are presented on how to save when starting a business, and in the videos they recommend "not to set up a company and taxes from day one, my recommendation would be that you leave Spain and do not start paying taxes until you have invoiced X«. Maldita.es has consulted with several experts, and they point out that this type of content on TikTok can create enormous confusion among users, who mix advice on investment formulas that may be legal with others that involve committing fraud crimes.
The experts agree that You should be wary of this type of message.. And if we have any doubts, we should ask for help from experts in the field. And no, the people who speak on TikTok are not necessarily experts. Adrián Montejo, an expert on issues involving the Tax Agency, collaborated with the Maldita network to point out that «This type of message usually mixes information with hoaxes and misinformation: Its main risk is that it creates enormous confusion among the recipients”. He gave as an example one of the videos in which advice on investment formulas that may be legal is mixed with others that involve incurring punishable liabilities. He says that the first thing we must do is differentiate between “the economy of choice“and illegal or fraudulent practices. The first is to use certain tax rules to achieve tax savings compared to other options, something that is a perfectly legal practice that requires a good knowledge of tax regulations or being well advised. This should not be confused with practices that imply directly or indirectly violating tax regulations, which have administrative and even criminal responsibilities if the fraud reaches a minimum of €120.000 of quota per annual period and tax.
Then there are the tips that are summarized in "go to another country where you pay less", something that has been recommended to those who earn large fortunes for years, and it is replicating a lot among the Youtubers who change their tax residence to Andorra. But this is not something new. Luis do Campo, an expert in fiscal taxation, told Maldita.es regarding those videos that encourage the transfer of economic activity to countries with less tax pressure or tax havens, that "Yes, much less taxes are paid, but the tax headquarters, as stipulated by law, must be where the decision center is located and most of the transactions are carried out, so it is not always possible to transfer the tax domicile to another country. They omit that this option can entail high costs. And if the real economic activity takes place in Spain, the interposition of that offshore company may constitute a fraudulent practice prosecuted by law«.
Both experts insist that this type of content should be distrusted. In most cases, those who call themselves disseminators lack knowledge and training in tax matters, and they are limited to spreading hoaxes or simplifying the contents while omitting relevant information. In addition, such content would conflict with TikTok's rules of use, which prohibit encouraging fraud and scams.