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V2155-18 18 July 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Meal allowances may be exempt for spouses working under labour dependency

A commercial agent has enquired whether they can include meal allowances in the payroll of their spouse, acting as a family collaborator. The Directorate General for Taxes (DGT) has ruled that if labour dependency is proven and deductibility requirements are met, the exemption regime for meal allowances may be applied.

The question raised

Question posed: Whether she may include in her payroll the per diems she generates.

The DGT's ruling

In order for allowances for travel, subsistence, and accommodation to be exempt, the worker must receive income from employment through an employment relationship characterized by subordination and alterity. If the holder of the activity proves that the spouse works under a regime of labor dependency and meets the requirements of Article 30 of the Personal Income Tax Law (LIRPF), the per diem regime of the Tax Regulations shall apply. This requires that Social Security affiliation be through the General Regime or special regimes for employees, rather than the Special Regime for Self-Employed Workers.

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