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A self-employed individual with their own business activity registers as a director of a company in which they hold a 2% stake. A consultation is made regarding whether their services to the company are subject to VAT.
Cuestión planteada Tratamiento a efectos del Impuesto sobre el Valor Añadido.
Para que un servicio esté sujeto al IVA debe realizarse con carácter independiente y por cuenta propia. Si la sociedad es la titular de los activos principales para su actividad, el socio que presta servicios queda excluido del IVA si no ordena medios propios para realizar dicha actividad. La ausencia de ordenación autónoma de recursos humanos o materiales implica una relación de dependencia que no está sujeta al impuesto.
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