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A shareholder of a company that owns a vessel has enquired about the taxation of its use for private purposes. The DGT clarifies that if the private use of the vessel is considered employment income, it constitutes a benefit in kind.
Cuestión planteada Tributación de la utilización de la embarcación por el consultante.
La utilización de bienes de la empresa para fines particulares constituye renta en especie cuando se realiza de forma gratuita o por precio inferior al de mercado. En casos de uso simultáneo (laboral y particular), es necesario establecer un criterio de reparto basado en la disponibilidad para fines particulares. La valoración de dicha renta debe realizarse por su valor normal de mercado.
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