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V0813-14 24 March 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · retención

Sale and installation of renewable energy equipment not subject to professional activities withholding

A taxpayer providing consultancy, sale, and installation of renewable energy products has requested clarification on whether their invoices are subject to professional activities withholding. The DGT has determined that, as the activities involve commercial sales and installations, the income is classified as business income rather than professional income; therefore, withholding is not applicable.

The question raised

Question posed: Subject to withholding of the invoicing issued to the client, considering that the taxpayer is registered in group 199 of the 2nd section (professional activities) of the Economic Activities Tax tariffs.

The DGT's ruling

Retail activities and renewable energy product installations are classified in the first section of the IAE tariffs as business activities. As they constitute income from business activities and not professional activities, they are not subject to withholding under the IRPF Regulations. Furthermore, withholding for the objective estimation method does not apply as some of the activities are not included in said method.

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