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V0174-23 ·7 February 2023 ·consulta-vinculante Medium impact
Tax

Maternity tax deduction increase cannot be applied if nursery costs are exempt benefits in kind

A query was raised regarding whether a mother can apply the increased maternity tax deduction when nursery costs are paid via nursery vouchers (benefits in kind) through the father's employer. The Directorate General for Taxes (DGT) ruled that this is not possible if the expense constitutes an exempt benefit in kind. Furthermore, if the payment is split, only the portion paid directly by the mother may be deducted.

In 6 key points

How it affects those involved

This ruling limits the ability to claim additional maternity tax benefits when childcare costs are covered through tax-exempt employer benefits, ensuring that only direct out-of-pocket expenses by the mother qualify.

Lifecycle

2023-02-07PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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