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A local council has requested clarification on whether paying legal defence fees for an employee, arising from their official duties, constitutes a benefit in kind. The Directorate General for Taxes (DGT) has ruled that this does not constitute income for the employee, as the expenditure is incurred in the interest of the entity itself.
Cuestión planteada Tributación en el IRPF de los referidos gastos.
El abono de los gastos de defensa jurídica por parte del Ayuntamiento no tiene incidencia en la tributación del IRPF del empleado. No se aprecia utilidad para el trabajador por la utilización del servicio, ya que la entidad local se ve obligada a suministrarlo en cumplimiento de acuerdos y del Estatuto Básico del Empleado Público. Dichos gastos se realizan en interés de la propia entidad local.
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