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A query is made as to whether a partner of a company must declare benefits in kind for the use of real estate owned by the company. The DGT indicates that, if the circumstances preventing the personal use of the real estate are proven, there is no obligation to account for returns on movable capital.
Question posed: The tax implications for the partner's Personal Income Tax (IRPF) return corresponding to the 2016 fiscal year are queried.
The granting of use of a company's real estate to its partners constitutes a benefit in kind. However, if the circumstances preventing the personal use of the real estate can be proven through valid means of evidence, the partner shall not account for benefits in kind as returns on movable capital.
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