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V0993-16 14 March 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Professionals' fees may be economic activity income if conditions met

The DGT confirms that fees paid by professional partners to their own professional society are considered economic activity income if the partner is under the self-employed regime.

The question raised

Question posed: Consultation regarding the taxation under Personal Income Tax for the remuneration corresponding to the services provided by the referred partners to the company, taking into account the new wording given to Article 27 of the Personal Income Tax Law by Law 26/2014.

The DGT's ruling

In Personal Income Tax, remuneration for the position of administrator is always considered income from employment. Professional services provided by a partner to the company shall be considered income from economic activities if the entity's professional activity is present and the partner is registered with the RETA or a mutual insurance society. For VAT purposes, liability depends on whether the partner acts with independence or subordination, analyzing their working conditions, remuneration, and responsibility.

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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