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V3242-23 13 December 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · atribución de rentas

Notaries must be taxed individually for their activity rather than through a community of property

Three notaries inquired whether they could form a community of property to share premises and staff costs. The Directorate General for Taxes (DGT) ruled that, as the entity does not carry out its own economic activity, each professional must be taxed independently for their income and expenses.

The question raised

Question posed: Possibility of taxation on income from economic activity obtained under the income attribution regime.

The DGT's ruling

For income attribution to exist, the entity must carry out its own economic activity while assuming business risk. In this case, notaries perform independent activities and only share expenses; therefore, each must calculate their earnings separately. Common expenses shall be deductible if their existence and their correlation with the income of each professional are substantiated.

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