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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 VAT applicability depends on whether the relationship is one of professional independence or employment dependency, analysing working conditions, 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 caso por caso si el socio actúa con carácter independiente o bajo subordinación. 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 frente a terceros. Por el contrario, si el socio organiza sus propios medios, asume el riesgo económico y responde ante terceros, la actividad estará sujeta al impuesto.
What is published here, applied to a company or a specific case. The first meeting is free.
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