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V3611-15 19 November 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Whether teaching by a social graduate is professional or business activity depends on the organisation of means

A social graduate seeks clarification on IAE, VAT, and IRPF taxation regarding the teaching of Labour Procedural Law. The DGT rules that the classification depends on whether the individual acts personally or through a business organisation.

The question raised

Question posed: Taxation of the aforementioned teaching in the IAE, VAT, and IRPF.

The DGT's ruling

In the IAE, if teaching is carried out personally and without organization, it is a professional activity (group 824); if a business organization exists, it is a business activity (group 93). For VAT, Procedural Law classes are exempt if provided by a professional (natural person) with subjects from study plans or by an authorized entity as an entrepreneur. For IRPF, income constitutes earnings from employment, unless the applicant organizes the courses or already carries out a related economic activity.

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