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V3141-21 17 December 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IVA · leasing

50% VAT deduction presumption for tourist vehicles and IRPF allocation requirements

A professional inquired about the VAT and IRPF deductibility of a tourist vehicle acquired by leasing. The DGT clarifies that a 50% VAT presumption applies, whereas exclusive allocation is required in IRPF for deductibility of expenses.

The question raised

Taxation under VAT and Personal Income Tax (IRPF) regarding the acquisition of a passenger vehicle through leasing.

The DGT's ruling

Regarding VAT, passenger vehicles shall be presumed to be used for business purposes at a rate of 50%, unless a different degree of use is proven or the vehicle is included in the list of assets subject to full deduction. Fuel and maintenance expenses are deductible independently based on their relationship to the business activity. Regarding Personal Income Tax (IRPF), leasing installments are only deductible if the vehicle is used exclusively for professional activities, except in specific cases provided by the regulations that allow for partial use.

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