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V0803-19 15 April 2019 · SG de Impuestos sobre el Consumo Criterion in force
IVA · sujeción al impuesto

VAT applicability to services provided by partners depends on independence or employment subordination

A query was raised regarding whether services provided by partners to their own company are subject to VAT and if they must issue invoices. The DGT ruled that VAT applicability depends on whether there is a relationship of independence or employment subordination, analysing the organisation of resources, remuneration, and responsibility.

The question raised

Question raised: Liability for Value Added Tax on services performed by partners and, where applicable, the obligation to issue invoices for the same.

The DGT's ruling

To determine liability for VAT, it must be analyzed on a case-by-case basis whether the partner acts independently or under subordination. The relationship is employment-based (not subject to VAT) if the professional is subject to the organizational criteria of the company, does not receive remuneration linked to the results of their activity, and the company is liable to third parties. Conversely, if the partner organizes their own means, assumes the economic risk, and is liable to third parties, the activity is subject to the tax and an invoice must be issued.

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