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V0321-19 15 February 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · relación laboral de carácter especial

A minimum withholding tax rate of 15 percent must be applied to lawyers under special employment relationships

A lawyer on a traineeship contract asks which IRPF withholding rate applies to them. The DGT responds that, as it is a special employment relationship, the minimum rate of 15 percent must be applied.

The question raised

Question posed: Application of the minimum withholding rate of 15 percent established in Article 86.2 of the Tax Regulation.

The DGT's ruling

Lawyers providing remunerated services as employees in law firms have a special employment relationship. Therefore, the withholding is determined through the general procedure, but it cannot be lower than the 15 percent established for dependent special employment relationships.

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