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V4211-16 ·3 October 2016 ·consulta-vinculante Medium impact
Tax

Income of a disabled partner in a community of property may be classified as investment income

A query was raised regarding the classification of income for a partner in a community of property who ceases working due to permanent disability. The DGT ruled that if the activity is carried out solely by the other partner, the amounts paid to the disabled partner are classified as income from movable capital (investment income) arising from the leasing of a business.

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment for partners in a community of property who can no longer participate in business activities due to disability, shifting the tax classification from business activity income to investment income.

Lifecycle

2016-10-03PublishedPublished 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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