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V2440-21 ·22 September 2021 ·consulta-vinculante Medium impact
Tax

Per diem accommodation tax exemption does not apply if the worker stays in a rented flat

A company has enquired whether the accommodation portion of a per diem is exempt from Personal Income Tax (IRPF) if the employee stays in a rented flat instead of a hotel. The Directorate General for Tax (DGT) has ruled that the exemption only applies to expenses incurred in hotels and hospitality establishments.

In 6 key points

How it affects those involved

Companies must ensure that per diem payments for accommodation are only treated as tax-exempt when the employee stays in official hospitality establishments; using private rental properties may trigger tax liabilities for the employee.

Lifecycle

2021-09-22PublishedPublished 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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