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V2463-15 5 August 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Partner payments for services considered earnings from work

The DGT determines that payments to two partners working in the company are classified as earnings from work due to non-compliance with Article 27.1 of the IRPF Law.

The question raised

Question posed: A consultation is made regarding the taxation under Personal Income Tax applicable to the partners for the remunerations they receive from the company, taking into account the wording given to Article 27 of the Personal Income Tax Law by Law 26/2014, and what the corresponding withholding tax would be.

The DGT's ruling

The income paid to partners for the development of the company's business activities is of the nature of employment income, as the requirements of the first and second paragraphs of Article 27.1 of the Personal Income Tax Law are not met. The valuation of these remunerations must be carried out at their normal market value. As they are employment income, the withholding rates provided for in Article 80 of the Personal Income Tax Regulations shall apply.

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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