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V2458-15 5 August 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Services provided by partners in a labor company are taxed as employment income under Personal Income Tax

The taxation of partners in a labor company who provide services and act as administrators is consulted. The DGT determines that these services are not subject to the IAE and must be taxed as employment income under Personal Income Tax.

The question raised

Question posed: The taxation applicable to the referred partners under Personal Income Tax and the Tax on Economic Activities for the services provided to the company is consulted.

The DGT's ruling

Under the IAE, partners do not carry out economic activities as they do not organize means of production or human resources on their own account. Under Personal Income Tax, remuneration for the position of administrator constitutes employment income. Services other than administration also constitute employment income as they do not meet the requirements for economic activities under Article 27.1 of the LIRPF.

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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