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V0124-21 28 January 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · estimación directa

Self-employed individuals may deduct subsistence expenses even within their own municipality

A self-employed individual enquired whether food expenses incurred in the same municipality where they reside and work are deductible. The Directorate General for Taxes (DGT) ruled that it is not necessary for the expense to be incurred in a municipality different from one's place of residence or work.

The question raised

Question raised: Deductibility in Personal Income Tax (IRPF) of maintenance expenses of a self-employed individual in the same municipality in which they reside, considering that the individual determines the net yield of their economic activity in accordance with the direct estimation method.

The DGT's ruling

Maintenance expenses of the taxpayer themselves under the direct estimation method are deductible if incurred in catering and hospitality establishments using electronic means of payment. The requirement that the expense be incurred in a municipality different from that of residence or habitual work does not apply. Deductibility requires that the expense be linked to the economic activity, correctly imputed in time, recorded, and justified.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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