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A landlord of commercial premises and residential properties has enquired whether leasing their properties constitutes an economic activity when employing a property manager. The DGT has ruled that the requirement of having at least one employee under a full-time employment contract is not met.
Cuestión planteada Calificación de la renta derivada del arrendamiento de los inmuebles.
Para que el arrendamiento de inmuebles sea actividad económica, se requiere emplear al menos a una persona con contrato laboral y a jornada completa. Al contratar a un profesional mediante un contrato de prestación de servicios, no se cumplen estos requisitos. Por tanto, los ingresos deben calificarse como rendimientos de capital inmobiliario.
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