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V2650-23 ·29 September 2023 ·consulta-vinculante Medium impact
Tax

Suspension of contract due to birth prevents application of tax exemptions for benefits in kind as the obligation to pay wages ceases

A female worker inquired whether she could carry forward the tax advantage of a benefit in kind (such as nursery fees) to the following tax year if she is on maternity leave during the current year without receiving a salary. The Directorate General for Taxes (DGT) ruled that, as the employment contract is suspended, the obligation to pay remuneration ceases, and therefore the regime for benefits in kind does not apply.

In 6 key points

How it affects those involved

This ruling clarifies that tax benefits related to benefits in kind cannot be deferred or applied during periods of contract suspension where no salary is paid, as the underlying obligation to remunerate the worker is absent.

Lifecycle

2023-09-29PublishedPublished 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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