How the DGT's position has evolved
Current position
Regarding IVA (Value Added Tax), passenger cars maintain a presumption of 50% business use, although a different degree may be proven. Fuel and maintenance expenses are deductible according to their actual business use. Regarding IRPF (Personal Income Tax), the deductibility of expenses and depreciation requires the vehicle to be an asset used for business purposes, requiring proof of its exclusive use in the economic activity.
The DGT's position remains stable regarding the 50% presumption for IVA and the requirement of exclusive use for IRPF. Throughout the rulings, it has been specified that the deductibility of maintenance expenses depends on their actual relationship with the activity and not on the business use of the vehicle. The latest ruling clarifies that the imputation of benefits in kind does not automatically turn the transfer into a taxable transaction for IVA.
Turning points
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Establishes that for vehicles that are not passenger cars, such as motorhomes, the 50% presumption does not apply and deduction is based on their foreseeable use.
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Specifies that the imputation of benefits in kind does not, in itself, determine that the transfer is a taxable transaction for IVA.
Analysis based on 31 of 39 rulings with a stated position. Updated 16 September 2026.