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V1611-23 7 June 2023 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IP · actividad económica

Incompatibility between management roles and employment contracts for Wealth Tax exemptions in leasing activities

The taxpayer asks whether they can serve as the sole director of a real estate leasing company while simultaneously being a full-time employee under an employment contract. The DGT rules that these roles are incompatible for meeting the requirements of an economic activity.

The question raised

Whether, for the purposes of establishing the existence of an economic activity of real estate leasing within a newly incorporated company, it is possible for the applicant to be the sole administrator of the new company while simultaneously remaining an employee under an indefinite, full-time employment contract, or whether, conversely, the roles of corporate administrator and employee must be held by different persons.

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