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V0291-25 17 March 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · atribución de rentas

Notaries sharing costs via civil society must calculate profits individually

A notary asks whether they can continue applying the Canary Investments Reserve (RIC) if carrying out their activity through a civil society with a colleague. The DGT responds that notarial activity is not commercial and that profits must be individually attributed to each notary.

The question raised

Question posed: Could the RIC continue to be applied once the notary activity is carried out through the civil society, for the portion of the income attributed? Would the provisions and materializations carried out previously be affected?

The DGT's ruling

Notarial activity corresponds to the owners of the notary office and cannot be carried out by a civil society with a commercial purpose, as it is a professional activity excluded from the commercial sphere. Therefore, the income must be attributed individually to each notary according to their protocol. Each professional must calculate their income and deduct their proportional share of common expenses and their direct expenses.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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