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V3731-15 25 November 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Remuneration for an administrator constitutes income from employment, and professional services may constitute economic activity under certain requirements

A query is made regarding the taxation of services provided by a partner who is also an administrator of a company. The DGT clarifies that payments for the position of administrator are income from employment, whereas professional services may constitute income from economic activities if certain requirements are met.

The question raised

Question raised: A query is made regarding the taxation under Personal Income Tax of the remuneration corresponding to the services provided by the partner to the company.

The DGT's ruling

Remuneration for administrator functions constitutes income from employment pursuant to Article 17.1 of the LIRPF. Professional services provided to the company may constitute income from economic activities if the entity's activity is listed in the Second Section of the IAE and the partner is registered in the special regime for self-employed workers or a mutual fund. Otherwise, they are considered income from employment. Transactions between related parties must be valued at their normal market value.

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