How the DGT's position has evolved
Current position
Regarding VAT, passenger vehicles have a 50% presumption of use once the intention of use is proven, except in cases of total use. For IRPF (Personal Income Tax), the deduction of expenses or depreciation requires the vehicle to be an asset used exclusively for the activity, without admitting incidental private use. The deductibility of VAT on related expenses depends on their relationship with the activity and not on the acquisition of the vehicle.
The DGT's position remains constant regarding the application of the 50% presumption for passenger vehicles in VAT and the requirement of exclusive use in IRPF. Clarifications have been incorporated regarding the deductibility of maintenance expenses independently of the acquisition and regarding the onerous nature of the transfer in benefits in kind.
Turning points
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Introduces the possibility of applying a 100% presumption of use for mixed vehicles effectively intended for the transport of goods.
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Clarifies that the imputation of benefits in kind in IRPF does not in itself determine an onerous transfer for VAT, requiring a specific payment or consideration.
Analysis based on 46 of 50 rulings with a stated position. Updated 15 September 2026.