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A query is made regarding how to value the benefit in kind for work when opting not to pass on the withholding tax to the employee. The DGT establishes that the total benefit shall be the market value of the shares effectively delivered plus the corresponding withholding tax.
Question raised In the event that the modality is chosen in which the withholding tax is not passed on, the valuation of the benefit in kind for work.
In the event that the company delivers a number of shares lower than anticipated to compensate for the withholding tax, no sale of shares by the worker occurs. The total benefit of the work in kind shall consist of the market value of the shares effectively delivered plus the corresponding withholding tax.
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