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V3888-16 15 September 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Professional services may be economic activity or income from work

A sole shareholder and manager of an advisory company asks how their services and expenses are taxed. The DGT clarifies that remuneration for the role of manager is income from work, and professional services may constitute economic activity if specific conditions relating to the activity and Social Security are met.

The question raised

Question posed: The inquiry concerns the taxation applicable to the applicant for services rendered to the company regarding Personal Income Tax (IRPF) and VAT, as well as deductible expenses for Personal Income Tax (IRPF).

The DGT's ruling

Remuneration for the position of administrator constitutes income from employment. Professional services rendered to the company shall constitute income from economic activities only if the partner is registered under the self-employed regime and the activity meets the requirements of the Second Section of the IAE. Regarding VAT, liability depends on whether the partner acts independently, organizing their own resources and bearing the economic risk, or if a relationship of labor subordination exists.

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