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V0436-21 2 March 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · mediador mercantil

Commercial mediation may be classified as professional or commercial depending on whether goods are stored or delivered

A taxpayer has requested clarification on how to register for activities involving machine sales through demonstrations and commissions. The DGT explains that the classification depends on whether the individual acts as a mediator (professional) or assumes merchant functions (commercial), and provides details on the deductibility of expenses for Personal Income Tax (IRPF) purposes.

The question raised

Question raised: 1st Heading of the IAE regarding the required registration.

The DGT's ruling

The activity is professional if the mediator is limited to offering items through catalogs or advertisements without storing, displaying, or collecting payment for the goods. If any of these operations are performed, the activity is commercial. For Personal Income Tax purposes, if the individual does not assume the risk and venture, the returns are professional. Expenses are deductible if they are correlated with income and duly justified.

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