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A worker inquired whether the company's payment of their trade union fees through flexible remuneration constitutes exempt employment income. The Directorate General for Taxes (DGT) ruled that, whether as a payment mediation or as a benefit in kind, the amount must be treated as employment income and is not considered exempt.
Cuestión planteada Si sería válida dicha retribución y si sería un rendimiento de trabajo exento.
Si la empresa paga la cuota sindical por mandato del empleado, es una mediación de pago de rendimientos dinerarios. Si la obligación de suministrar el servicio está pactada en convenio o contrato, es una retribución en especie. En ambos casos, el rendimiento no es exento, aunque las cuotas sindicales pueden ser un gasto deducible para calcular el rendimiento neto.
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