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V0268-21 16 February 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Remuneration for councillors and local authority members taxed as employment income

A query was raised regarding whether payments made to representatives of city councils or provincial councils for attending meetings should be subject to tax withholding. The Directorate General for Taxes (DGT) ruled that these amounts constitute employment income, excluding travel and displacement expenses.

The question raised

Question posed: Whether it is appropriate to apply withholding tax and, if so, which withholding rate should be applied.

The DGT's ruling

Amounts paid by reason of their office by councilors, aldermen, and members of provincial councils or island councils are considered income from employment. The corresponding withholding tax system must be applied, excluding only amounts allocated for travel and displacement expenses. The withholding rate shall be determined according to the general procedure of the Personal Income Tax Regulations.

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