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V0831-23 10 April 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

The benefit of a loan retains its status as pay in kind following the termination of employment

An employee who lost their job through a redundancy plan (ERE) inquired whether the preferential terms of a mortgage loan taken out during their employment still constituted pay in kind. The DGT ruled that they do, as the benefit was generated within the scope of the employment relationship.

The question raised

Question posed: Imputation of benefits in kind derived from a loan when no employment relationship exists between the company and the employee.

The DGT's ruling

Employment income includes all benefits in kind arising from the employment relationship. Even if the employment relationship has been terminated at the time the income is imputed, the benefit derived from the loan retains its classification as employment income because its generation occurred within the scope of said employment relationship.

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