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V1138-18 ·30 April 2018 ·consulta-vinculante Medium impact
Tax

Travel and accommodation expenses may be deductible for CIT and tax-free for IRPF if the company provides the means directly

A company has enquired whether travel expenses incurred by its partners (who receive employment income) are deductible for Corporate Income Tax (CIT) and exempt from Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) rules that they are deductible for CIT provided they meet accounting and substantiation requirements. Regarding IRPF, they are not taxable if the company provides the means directly; however, they are taxable if the company merely reimburses expenses without proving their strict necessity.

In 6 key points

How it affects those involved

This ruling clarifies the distinction between direct provision of services and expense reimbursement, highlighting the tax implications for partners receiving employment income.

Lifecycle

2018-04-30PublishedPublished 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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