How the DGT's position has evolved
Current position
Remuneration for the position of administrator is always classified as income from employment pursuant to article 17.2.e) of the LIRPF (Personal Income Tax Law). The applicable withholding rate is that of article 101.2 of the LIRPF, which is 35%, or 19% if the entity has a turnover of less than 100,000 euros. In the case of compensation for seniority in the position, it maintains this nature as employment income.
The DGT's position is constant in classifying administrators' remuneration as income from employment. Throughout the rulings, the distinction between the position of administrator and additional professional services has been maintained, which can only be economic activities if specific requirements for registration in the RETA (Special Regime for Self-Employed Workers) and activity in the Second Section of the IAE (Economic Activities Tax) are met. No changes are observed in the legal nature of the income derived from the position.
Turning points
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Establishes that for the special regime for entities, management must be carried out using its own material and personal means, considering it appropriate when a member of the Board of Directors manages the administration of the holdings.
Analysis based on 34 of 40 rulings with a stated position. Updated 15 September 2026.