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V1539-15 22 May 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · atribución de rentas

Profits from a professional partner's work in a civil society are deemed economic activity income, not income from work

A civil society of lawyers asks how partners who carry out the society's activities are taxed. The DGT responds that these incomes are not income from work but part of the economic activity income attributed by the entity.

The question raised

Question posed: Application to the remuneration that the partners of the applicant, who carry out the activities inherent to its corporate purpose, may receive, of the third paragraph of section 1 of Article 27 of the Personal Income Tax Law.

The DGT's ruling

In entities under the income attribution regime, the earnings a partner receives for their work are not integrated as employment income. These amounts constitute an increased share of the partner's participation in the earnings from the entity's economic activity. Therefore, they are not a deductible expense for the company, but rather a portion of the net income attributed to the partner.

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What is published here, applied to a company or a specific case. The first meeting is free.

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