Xavi Abat, a lawyer and legal communicator known on social media as "El abogado de TikTok," where he has 2.1 million followers, has analyzed a recent Spanish Supreme Court ruling that clarifies when people must register as self-employed workers, known as autónomos. The ruling sets a standard based on how regularly a person carries out an activity rather than on income alone, a distinction that affects thousands of people with secondary economic activities.
Regularity is the key test
Supreme Court ruling 941/2025, dated July 10, 2026, states that anyone who carries out a regular, direct activity for profit must register as autónomo, even if they do not reach the Salario Mínimo Interprofesional, Spain's minimum wage. Abat said the ruling means that billing below the minimum wage does not automatically exempt someone from the obligation to contribute to the Special Regime for Self-Employed Workers, known by its Spanish acronym RETA.
Abat said the key factor is what the court calls the "note of regularity." He said activities such as selling products repeatedly on the resale platform Wallapop, taking on commissioned work on a periodic basis, or monetizing a Twitch channel are examples where the obligation to register and pay into the system would apply, even when the income generated is modest and falls short of the minimum wage threshold.
Minimum wage as a signal, not a barrier
Abat said that, according to the Supreme Court, the minimum wage is not a magic barrier. The ruling itself describes it as only an indication, something orientative, not a legal shield to avoid making contributions. For 2025, Spain's minimum wage stands at 1,184 euros gross per month across 14 payments, equivalent to 16,566 euros gross per year. That figure works as a reference point, Abat said, not as an absolute limit on the obligation to register.
The exception for pensioners
Despite the general rule, the ruling does set out a significant exception in which the minimum wage is decisive: pensioners. People who receive a retirement pension while also carrying out a self-employed economic activity do have an income limit, set by the minimum wage, below which they do not have to make contributions.
The Supreme Court clarified a crucial point for this group. The limit refers to net annual income. That means that, to qualify for the exemption, profits after deducting all expenses necessary to carry out the activity must not exceed 16,566 euros a year.
