How the DGT's position has evolved
Current position
Regarding VAT (IVA), passenger vehicles have a presumption of 50% business use, although a different percentage can be proven through admitted means of evidence. Fuel and maintenance expenses are deductible if their use in the activity is demonstrated, regardless of the vehicle's business use percentage. In Personal Income Tax (IRPF), the deductibility of expenses requires the vehicle to be an asset used exclusively for professional activity.
The DGT's position remains constant regarding the 50% presumption of business use for passenger vehicles and the possibility of proving a different degree. It has been reiterated that mere accounting is not sufficient proof to determine the degree of business use. The distinction between the deductibility of expenses (fuel/repairs) and the business use of the vehicle remains stable in the rulings.
Turning points
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Establishes that the mere tax return or accounting of the asset are not sufficient means of evidence to prove a degree of business use different from 50%.
Analysis based on 57 of 62 rulings with a stated position. Updated 15 September 2026.