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V3595-15 18 November 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Directors' remuneration constitutes employment income; services provided are not subject to VAT or IAE

A query was raised regarding the taxation of partners providing services to their own real estate leasing company. The DGT ruled that payments for the role of director are classified as employment income and that additional services are not subject to VAT or IAE due to the absence of independent business organization.

The question raised

Question posed: A query is made regarding the taxation applicable to partners for the services rendered to the company.

The DGT's ruling

Remuneration for director functions is considered earned income from employment pursuant to Article 17.2.e of the LIRPF. Services distinct from the role of director, as they do not meet the requirements of an economic activity (organization of own means), are classified as earned income from employment and not as economic activities. Therefore, they are not subject to VAT or IAE, and the company does not carry out an economic activity for Corporate Income Tax purposes as it has no employees.

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