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A partner who is a lawyer consulted whether their services to the company were subject to VAT and if they needed to register for the IAE. The DGT ruled that VAT liability depends on whether a relationship of employment dependency exists or if the partner acts independently using their own resources.
Question posed: Liability of the services provided by the applicant to the company of which they are a partner. Whether it is necessary to be registered for the Economic Activities Tax.
For VAT, liability depends on a case-by-case analysis of working conditions, remuneration, and responsibility. If the partner is subject to the company's organizational criteria, does not have consideration linked to results, and the company is liable to third parties, the relationship is employment-based and not subject to VAT. If the professional organizes their own means, bears economic risk, and is liable to third parties, they are subject to the tax. For IAE, liability depends on whether the activity involves the self-directed organization of means of production or human resources.
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