Remuneration of Managing Partners after the Tax Reform in Spain

There are various types of remunerations that partners of a company can receive depending on the type of work they provide and should be taxed accordingly as income from work or income from economic activities. The focus of this article is on the remuneration of managing partners.

On the one hand, the remunerations that an administrator can receive, if they are not provided for in the statutes, shall not be deductible for being contrary to law.

But, if the remunerations are provided for in the statutes of the company, they have not undergone changes from the tax reform. This means they remain classified as earned income according to Article 17.2 e) of the Income Tax Act.

Furthermore, an administrator can receive payments from the company for exercising functions other than of an administrator, which are fully deductible.

The Law of Capital Companies (LSC) requires that when appointed as an advisor, CEO, or being given executive functions under another title, the appointee must sign a contract detailing all the retributive concepts for the performance of her or her executive functions.

This article is not considered as legal advice

Mariscal Abogados specializes in providing legal advice and effective business solutions to companies in the drafting, negotiation and analysis of all types of commercial contracts (sale, purchase, loan, supply, etc.). If you have a query, do not hesitate to Contact us.