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An industrial technical engineer has requested clarification on whether their activity should be classified as business or professional for IAE purposes. The DGT has ruled that the key distinction lies in whether the activity is conducted through a business organisation or on a personal basis.
Cuestión planteada El consultante desea saber si, dada la estructura de su negocio, éste supone una actividad empresarial, a efectos del Impuesto sobre Actividades Económicas.
Es actividad profesional cuando el titular la desarrolla directa y personalmente. Es actividad empresarial cuando se ejerce mediante una organización empresarial desvinculada de la personalidad profesional del sujeto. La existencia de un local o la contratación de personal no determina por sí misma el carácter de la actividad.
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