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V2168-15 15 July 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos de actividades económicas

Services of a partner to a company may constitute economic activity if specific conditions are met

A partner in a financial services company asks whether their remuneration is considered economic activity following the LIRPF reform. The DGT responds that if the company provides professional services and the partner is registered under the self-employed regime, the remuneration is considered economic activity.

The question raised

Question posed: Consultation regarding the taxation under Personal Income Tax 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.

The DGT's ruling

In Personal Income Tax (IRPF), the services provided by a partner to their company constitute income from economic activities if the company is engaged in professional services (Section Two of the IAE), the partner performs services that are the object of the entity, and the partner is registered in the self-employed regime or a mutual insurance scheme. If these requirements are not met, they shall be considered income from employment. Regarding VAT, liability depends on whether the partner acts with independence or subordination, analyzing whether they organize their own means, whether they assume economic risk, and whether they are integrated into the organizational structure of the company.

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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