On February 19, the Directorate General of Taxes (DGT) issued an important binding consultation for companies engaged in the leasing of real estate, specifically for family real estate assets. In it, a company engaged in the leasing of real estate asks whether the requirement of having a full-time employee with a contract is deemed to be met, in the event of hiring the spouse of the company's administrator under the Special Regime for Self-Employed Workers, due to its classification by obligation established in labor regulations.
The DGT concludes by establishing that, as long as the employee has a full-time employment contract receiving their remuneration for providing the company with services specific to its corporate purpose; that is, in this case, the leasing of real estate, and being, other than those derived from their membership in the Board of Directors, the requirement of article 27.2 of the Personal Income Tax Law (LIRPF) will be deemed to be fulfilled, considering that the leasing of real estate is carried out as an economic activity, even if it were included in the Special Regime for Self-Employed Workers.
This consultation is relevant as it allows for the requirement contemplated in article 27.2 of the LIRPF to be made more flexible, being one of the necessary requirements to access the exemption of shareholdings in the Wealth Tax for taxpayers with real estate assets and without overlooking the important implication in other taxes, such as the taxation of said leasing companies in the Corporate Tax, being able to access the application of the new reduced rates that have come into force this year 2025 and following years for companies with a turnover of less than one million euros and the application of tax incentives for Small Companies with a turnover of less than 10 million euros.
It is very important to stay abreast of frequent administrative changes, adapt tax planning appropriately, and review compliance with all regulatory requirements to ensure the exemption of equity investments from the Wealth Tax and more advantageous taxation for other tax purposes.
Guillermo Camarelles Durá
Tax Area Associate TOMARIAL
