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V0648-20 2 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · comunidad de bienes

Property leasing only constitutes an economic activity if the joint ownership employs a full-time worker

A married couple inquired whether renting out properties held in joint ownership could be classified as an economic activity by hiring an employee. The Directorate General for Taxes (DGT) ruled that such classification depends on each joint ownership entity meeting the requirement of employing at least one person under a full-time employment contract.

The question raised

Question posed: Whether the income obtained from the leasing of such real estate is classified as income from economic activities for Personal Income Tax purposes.

The DGT's ruling

For the leasing of real estate to constitute an economic activity, the community of property must employ at least one person under an employment contract on a full-time basis. This requirement must be met independently in each of the communities of property in which the taxpayer participates. If this minimum requirement of infrastructure and organization is not met, the income shall be classified as income from real estate capital.

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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