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A query was raised regarding whether services provided by a partner to their company are subject to VAT. The DGT ruled that applicability depends on whether the relationship is one of professional independence or employment dependency, conducting a case-by-case analysis of organisation, remuneration, and responsibility.
Cuestión planteada Sujeción de los servicios prestados por la consultante a la sociedad de la que es socia.
Para determinar la sujeción al IVA, se debe analizar si el socio actúa con independencia o bajo subordinación laboral. La relación será laboral (no sujeta) si el profesional se somete a los criterios organizativos de la sociedad, no percibe una remuneración ligada a sus resultados y la sociedad responde ante terceros. Por el contrario, si el socio organiza sus propios medios, asume el riesgo económico de su actividad y responde frente a terceros, la prestación estará sujeta al impuesto.
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