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V0409-25 20 March 2025 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IP · actividad económica

Renting property constitutes an economic activity if a full-time employee is employed, even if the employee works for other companies outside their working hours

The DGT confirms that a full-time employment contract, with the employee working a full schedule for the property rental company, satisfies the requirement for economic activity, regardless of other work undertaken outside that schedule.

The question raised

Question posed: Confirmation that in the case presented, company H would meet the requirement of having an employee with a full-time labor contract in charge of the organization and management of the company's real estate leasing activity to consider the existence of an economic activity for the purposes of the provisions of Article 4.Eight.Two. of the Wealth Tax Law.

The DGT's ruling

For the leasing of real estate to be considered an economic activity, at least one person employed under a labor contract on a full-time basis must be utilized. This requirement is understood to be met if the contract is classified as a labor contract under current regulations and the person works full-time for the entity. It does not affect the fact that the employee performs other activities in other entities outside of their working hours at the consulted company.

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