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A physical person asks whether they can contribute their property management activity to a new company without tax. The DGT responds that to apply the special regime of fiscal neutrality, accounting must be maintained in accordance with the Commercial Code, and for property rentals, the activity must be economic by employing at least one full-time employee.
Cuestión planteada
Para acogerse al régimen de neutralidad fiscal en aportaciones de ramas de actividad, la contabilidad debe ajustarse al Código de Comercio, bastando con llevarla desde al menos el ejercicio anterior. En el caso de arrendamiento de inmuebles, la actividad solo se considera económica si se emplea al menos a una persona con contrato laboral a jornada completa. Además, los bienes deben haber estado afectos a la actividad económica durante al menos tres años antes de la aportación.
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