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V1213-24 28 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Benefit-in-kind from preferential interest loans is attributed to the individual holding employee status

A former bank employee questioned whether it was correct to attribute the full benefit-in-kind of two mortgage loans shared with another person to him. The DGT ruled that the attribution is correct because he is the one who generates the right to the benefit by virtue of his status as an employee.

The question raised

Whether the imputation of the benefit in kind to only one of the borrowers is correct.

The DGT's ruling

Loans with interest rates below market rates granted to employees constitute benefits in kind from employment income. Pursuant to Article 11.2 of Law 35/2006, these earnings are attributed exclusively to the person who has generated the right to their receipt. Therefore, the remuneration is attributed to the employee who holds the status that generates the benefit, regardless of whether they no longer maintain the employment relationship or whether the loan is shared.

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