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V2027-15 29 June 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos de actividades económicas

The tax treatment of a partner's services depends on their social security status and independence

A partner and manager asks how their services rendered to their own company are taxed under IRPF and VAT. The tax authority responds that under IRPF it depends on whether they are registered as self-employed, and under VAT on whether they act independently or subordinated.

The question raised

Question posed: Consultation regarding the taxation under Personal Income Tax (IRPF) for the remuneration corresponding to the services provided by the applicant to the company, taking into account the new wording given to Article 27 of the Personal Income Tax Law by Law 26/2014, as well as its formal obligations.

The DGT's ruling

In Personal Income Tax (IRPF), services shall only constitute income from economic activity if the partner is registered in the special Social Security regime for self-employed workers or an equivalent mutual fund. Regarding VAT, liability depends on a case-by-case analysis of independence, evaluating the organization of own resources, economic risk, and liability. If the partner is subject to the company's organizational criteria, does not receive remuneration linked to results, and the company is liable to third parties, the relationship is employment-based and not subject to VAT.

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