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A partner of a limited liability company performs administrative tasks for the same and inquires whether her services are subject to VAT. The DGT responds that there is no tax liability if the requirements of independence and organization of own resources are not met.
Question posed: Treatment of services provided by partners to their companies.
For a service to be subject to VAT, it must be performed on one's own account and with an independent character. If the company is the owner of the main assets for its activity, the partner providing services is excluded from the tax as the organization of own resources is not present. The lack of autonomy in the organization of human and material resources prevents the activity from being considered business or professional.
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