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A widow inquired whether a discount on her electricity bill, granted by her late husband's former employer, is subject to taxation. The DGT ruled that while it is not subject to Inheritance Tax, it must be taxed as a benefit in kind for Income Tax purposes.
Cuestión planteada Tributación del descuento.
El descuento en la factura de luz, derivado de un beneficio social de convenio colectivo para la viuda de un empleado, no es una adquisición por herencia. Al ser la obtención de energía eléctrica a un precio inferior al normal de mercado, constituye una retribución en especie del trabajo según el artículo 42.1 de la Ley 35/2006.
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