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V2489-24 ·9 December 2024 ·consulta-vinculante Medium impact
Tax

Spouse's salary is deductible if they work in the business under an employment contract and Social Security

A query was raised regarding whether the salary paid to a spouse working within the taxpayer's economic activity is a deductible expense for Personal Income Tax (IRPF). The Directorate General for Tax (DGT) ruled that it is deductible provided there is a formal employment contract, affiliation with the relevant Social Security scheme, and the remuneration does not exceed market rates.

In 6 key points

How it affects those involved

This ruling provides legal certainty for self-employed individuals or business owners employing family members, confirming that such salaries can reduce the taxable base if they meet formal employment and market-value requirements.

Lifecycle

2024-12-09PublishedPublished 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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