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V0358-22 ·24 February 2022 ·consulta-vinculante Medium impact
Tax

The nine-month limit on subsistence allowances does not apply if the worker does not stay overnight at the destination

A company has requested clarification on whether subsistence allowances for employees working outside their usual municipality are limited to nine months per year if they do not stay overnight. The Directorate-General for Taxes (DGT) has ruled that the nine-month time limit only applies when there is continuous presence, which is not the case if no overnight stay occurs.

In 6 key points

How it affects those involved

This ruling provides legal certainty for companies regarding the tax treatment of subsistence allowances, confirming that the nine-month exemption limit is not triggered by daily travel without overnight stays.

Lifecycle

2022-02-24PublishedPublished 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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