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A doctor inquired whether services provided to a medical association without payment should be valued at market value for Personal Income Tax (IRPF) purposes. The Directorate General of Taxes (DGT) ruled that the value must be determined by analysing the complete contractual relationship between the professional and the association.
Cuestión planteada Incidencia en el IRPF: operatividad del articulo 28.4 de la Ley 35/2006.
El valor normal de mercado de los servicios prestados sin contraprestación no debe calcularse de forma aislada para cada servicio. Se debe atender a la relación contractual en su conjunto que regula la prestación de servicios médicos entre el profesional y el igualatorio. En ese ámbito contractual se determinará si las contraprestaciones son notoriamente inferiores al valor normal de mercado.
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