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V2133-18 18 July 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención

Municipal subsidies for IBI payments may be exempt from Income Tax depending on the beneficiary group

A local council has requested clarification on whether subsidies provided for the partial payment of Property Tax (IBI) to vulnerable groups are exempt from Income Tax. The Directorate General for Taxes (DGT) has ruled that exemption depends on whether the regulatory framework limits beneficiaries to groups at risk of social exclusion or in situations of social emergency.

The question raised

Question posed: Whether said aid would be exempt from taxation under Personal Income Tax.

The DGT's ruling

The exemption of local aid depends on whether, according to its regulatory bases, the beneficiaries fall into groups at risk of social exclusion or social emergency situations. If these requirements are not met, the aid constitutes a capital gain. However, the obtaining of said gain may be exempt from the obligation to declare if it does not exceed the joint limit of 1,000 euros per year for capital gains derived from public aid.

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