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V0629-20 31 March 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · retribuciones en especie

Nursery and meal vouchers may be exempt, but renting vehicles constitute benefits in kind

A company has requested clarification regarding the exemption and valuation of benefits in kind, such as rental vehicles, nursery vouchers, and meal vouchers. The DGT clarifies that nursery and meal vouchers may be exempt subject to certain requirements, whereas the use of rental vehicles always constitutes a benefit in kind.

The question raised

Whether the aforementioned benefits in kind are exempt from taxation and, if not, the valuation thereof.

The DGT's ruling

Nursery and dining vouchers are exempt if the requirements of the Personal Income Tax Law and the Regulations are met. The use of rental vehicles constitutes benefits in kind, valued at 20% per annum of the market value of the vehicle if it were new. This valuation is applied to the market value of the vehicle in the tax period in which the rental contract was entered into. The value of the benefit is based on the availability of the vehicle for private purposes, not on its actual use.

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