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V2089-17 4 August 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos de actividades económicas

Property leasing is an economic activity only if at least one full-time employee is hired

A pharmacist asks when income from renting inherited properties is classified as income from economic activities. The DGT responds that this only occurs if there is at least one employee under a full-time employment contract.

The question raised

Question posed: When can it be understood, for the purposes of Personal Income Tax, that the income derived from the leasing of such real estate is considered income from economic activities.

The DGT's ruling

For the leasing of real estate to constitute an economic activity, it is necessary to have at least one employee under a full-time employment contract. This requirement seeks to ensure a minimum infrastructure and the organization of business resources. If this requirement is not met, the income is classified as income from real estate capital, regardless of the taxpayer's professional activity.

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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