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A worker inquired whether health insurance paid by their employer constitutes tax-exempt benefits in kind. The DGT clarified that it depends on whether the benefit is stipulated in the employment contract or if the company is merely acting as a payment intermediary.
Cuestión planteada Aplicación de lo dispuesto en el artículo 42.3.c) de la Ley 35/2006.
Si la empresa está obligada por contrato o convenio a suministrar el seguro, es retribución en especie y está exenta hasta 500 euros anuales por persona. Si la empresa solo actúa como mediadora pagando el seguro del empleado, se considera retribución dineraria sujeta a retención. Para que sea exención, la retribución en especie debe estar pactada previamente.
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