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V3434-19 13 December 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Travel expenses paid directly by the entity are not taxed as employment income

A delegate of a Mutual Insurance Society inquires whether travel expenses and per diems for attending meetings of governing bodies are subject to Personal Income Tax (IRPF). The DGT responds that if the entity directly assumes the costs of transport and accommodation, there is no income; however, if it reimburses expenses without proving their necessity or pays fixed per diems, it constitutes employment income.

The question raised

Question posed: Tax treatment for Personal Income Tax purposes of the aforementioned amounts.

The DGT's ruling

No income exists when the entity provides the members of its governing bodies with the means to perform their duties, such as transport or accommodation. In order to avoid taxation, the entity must directly provide the means of travel. If the entity reimburses expenses without proving that they strictly compensate for travel, or pays per diems for attendance, these amounts constitute employment income pursuant to Article 17.2.e) of the IRPF Law.

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