1. Use of housing

The rule for assessing remuneration in kind derived from the use of housing is determined based on whether or not the housing is owned by the payer:

a. If the property used is owned by the payer

The following cases must be distinguished:

In general, the valuation will be carried out for the amount resulting from applying the percentage of 10 per 100 on the cadastral value of the home
In the case of properties located in municipalities in which the cadastral values have been revised or modified, or determined through a general collective valuation procedure, and have come into force in the tax period or within the period of the ten previous tax periods, the percentage applicable to the cadastral value will be 5 per 100 .
In the event that on the date of accrual of IRPF the properties had no cadastral value or this had not been notified to the owner, the percentage will be 5 per 100 and will be applied to 50 per 100 of the highest of the following values: the one verified by the Administration for the purposes of other taxes or the price, consideration or value of the acquisition.

Limit: The resulting valuation of the remuneration in kind corresponding to the use of housing owned by the payer, may not exceed 10% of the remaining compensation for work .

Example 1: housing owned by the payer

In 2020, Mr APG, who is single, received a full salary of 45,000 euros and lives in a new home owned by the company, the cadastral value of which, which was subject to review in 2011, amounts to 80,000 euros.

How should this remuneration be valued, if the payments on account made by the company in the 2020 financial year for said remuneration in kind, which have not been passed on to the employee, have amounted to 928 euros?

Solution:

Full salary = 45,000.00

Compensation in kind : (Result of adding to the tax assessment of the remuneration in kind for the use of housing the payments on account made by the company): 4,928.00

Tax assessment for housing use (5% x 80,000) = 4,000.00
Maximum tax valuation limit (10% x 45,000) = 4,500.00
Prevailing tax valuation = 4,000.00
Income on account = 928.00

Note: Since the income on account has not been passed on to the worker, it must be added to the tax assessment in order to determine the total income from work .
Full amount (4,000 + 928) = 4,928.00

Total Gross Income from Work: 45,000 + 4,928.00 = 49,928.00

b. If the dwelling used is not owned by the payer

In this case, the remuneration in kind is determined by the cost to the payer of the dwelling, including any taxes levied on the transaction, without this valuation being able to be lower than that which would have corresponded if the previous rule provided for dwellings owned by the payer had been applied (10 or 5% of the cadastral value of the dwelling with a limit of 10% of the remaining work compensation).

Example 2: housing not owned by the payer

Mr. RJ receives a full annual salary of 33,000 euros. In addition, he receives compensation in kind corresponding to the use of a home rented by his company where he works and for which he pays a rent of 600 euros per month.

The rented property has a cadastral value of 120,000 euros, which was subject to review in 2012.

Solution:

Full salary = 33,000.00

Compensation in kind : (Result of adding to the tax valuation of the remuneration in kind for the use of housing the income on account made by the company) = 8,585.00

Cost to the payer (600 x 12) = 7,200.00
Tax valuation in the case of company-owned housing (5% x 120,000), with a maximum tax valuation limit (10% x 33,000 = 3,300) = 3,300.00
Prevailing tax valuation = 7,200.00

Note: The cost to the payer prevails as the valuation is higher than what would have been applicable if the valuation rule had been applied for the use of homes owned by the payer.
Income on account = 1,385.00

Note: Since the income on account has not been passed on to the worker, it must be added to the tax assessment in order to determine the total work performance.
Full amount (7,200+1,385) = 8,585.00

Total Gross Income from Work: 33,000+8,585 = 41,585.00