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V3657-16 5 September 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Taxation of professionals' partners depends on role and financial autonomy

The DGT clarifies that remuneration for administration is considered income from work, and the nature of professional services depends on affiliation to Social Security and financial independence.

The question raised

Question posed: The inquiry concerns the taxation applicable to partners for services rendered to the company regarding Personal Income Tax (IRPF), VAT, and the Tax on Economic Activities (IAE).

The DGT's ruling

Remuneration for administrative positions constitutes income from employment. Professional services may be classified as income from economic activities if the partner is registered under the special regime for self-employed workers and the activity meets specific requirements, or as income from employment if these conditions are not met. For VAT and IAE purposes, liability depends on whether the partner acts independently, organizing their own means of production and assuming risks, or if a relationship of labor subordination exists.

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