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A professional invoiced services through an associated labour cooperative; however, the labour inspection did not recognise their status as a working member and instead registered them as self-employed. The Tax Agency has ruled that, given this classification, the income must be taxed as income from economic activities rather than as employment income.
Cuestión planteada Tributación en el IRPF del importe facturado.
Aunque los anticipos en cooperativas de trabajo asociado suelen ser rendimientos del trabajo, la calificación de la inspección laboral prevalece. Si la inspección establece el alta en el Régimen Especial de Trabajadores Autónomos, los ingresos por la prestación de servicios deben calificarse como rendimientos de actividades económicas según el artículo 27.1 de la Ley 35/2006.
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