international employment law firm alliance L&E Global
Spain

Spain: Vehicle as Retribution in Kind

When we talk about a vehicle as payment in kind, we refer to the company providing the employee with a car for personal and professional use. This benefit is considered part of the employee’s salary and is subject to certain tax regulations.

 

How Does It Work?

  1. Vehicle Assignment: The company purchases or leases a vehicle and assigns it to the employee for their use.
  2. Valuation of the Benefit: The value of the benefit is calculated according to tax regulations. In Spain, the general valuation is 20% of the cost of the new vehicle (purchase price, including taxes). This value is prorated into the employee’s payroll.
    • Payroll Imputation: The value of the vehicle is imputed to the employee’s payroll as payment in kind. This increases the taxable base for IRPF (Personal Income Tax).
  1. Contributions and Withholdings: Since it is a form of payment in kind, it is subject to Social Security contributions and the corresponding IRPF withholdings.

 

Advantages for the Employee

Cost Saving: The employee saves on the costs of acquiring and maintaining a vehicle.

Payment Flexibility: The cost of the vehicle is spread throughout the year, which can be more manageable than a one-time payment.

 

Advantages for the Company

Employee Retention: Offering a vehicle can be an effective way to attract and retain talent.

Tax Optimization: In some cases, there may be tax benefits for the company.

 

Important Considerations

Personal vs. Professional Use: It is crucial to establish the rules regarding the use of the vehicle and its potential tax impact.

Documentation: Maintain a clear and detailed record of the vehicle’s use to avoid issues during a potential tax inspection.

Negotiation: This benefit should be clearly negotiated between the company and the employee, specifying all details and conditions.