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V1638-23 ·9 June 2023 ·consulta-vinculante Medium impact
Tax

VAT applicability to services provided by shareholders to the company depends on economic and organisational independence

A query was raised regarding whether shareholders of a commercial company must charge VAT on invoices for services provided to the company itself. The DGT ruled that VAT liability depends on whether the relationship is one of employment dependency or if the shareholder acts independently.

In 6 key points

How it affects those involved

This ruling clarifies the tax obligations for shareholders providing services to their companies, emphasizing the need to distinguish between professional independence and employment-like subordination to avoid incorrect VAT application.

Lifecycle

2023-06-09PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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