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A consultant asks whether payments of self-employed quotas by partners to their company should be taxed as income from work. The DGT responds that such payments constitute remuneration in kind and that the partner may deduct them as expenses.
Cuestión planteada Tratamiento fiscal de dicho pago en el IRPF de los socios.
Los rendimientos por servicios prestados por socios a la sociedad son rendimientos del trabajo si no cumplen los requisitos de actividades económicas. El pago de las cuotas del RETA por parte de la sociedad al socio constituye una retribución en especie o dineraria. Estas cotizaciones son un gasto deducible para el socio en la determinación de su rendimiento neto del trabajo.
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