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Commentary

4.3 Particular valuations

Spain

Personal Income Tax Act, Arts 42 and 43 and Social Security Act Royal Legislative Decree 8/2015, Art 147 explain how benefits-in-kind are assessed.

Accommodation

The provision of housing by an employer will be valued depending on who is the owner of the property:

OwnershipValuation
Building is owned by the employerThe valuation will be 10% to the cadastral value or 5% if that value was revised. The valuation may not exceed 10% of the remaining remuneration
Property is not owned by the employerThe valuation is the cost of the property (including taxes). The valuation cannot exceed 10% of the rest of remuneration

Company car

The valuation method depends on the ownership:

OwnershipValuation
The employer gives the vehicle to the employee (ie employee becomes its owner)The benefit is valued at the acquisition cost of the asset, including expenses and taxes.
The employer makes a vehicle available to the employee20% of the annual acquisition

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