{"id":3577,"date":"2026-10-29T16:28:03","date_gmt":"2026-10-29T15:28:03","guid":{"rendered":"https:\/\/tecemabogados.com\/?p=3577"},"modified":"2026-10-29T16:28:03","modified_gmt":"2026-10-29T15:28:03","slug":"company-car-tax-spain","status":"publish","type":"post","link":"https:\/\/tecemabogados.com\/en\/company-car-tax-spain\/","title":{"rendered":"Company car in your SL: what the Tax Agency accepts and what it does not"},"content":{"rendered":"<p>Putting the car in the company&#8217;s name looks like the simplest way to have the business pay for it and save on tax along the way. The reality is more nuanced: a <strong>company car<\/strong> doesn&#8217;t automatically make everything it costs deductible. The Spanish Tax Agency looks at VAT, Corporate Income Tax and personal use separately, and applies different rules to each. At Tecem Abogados we explain what it accepts and what it doesn&#8217;t.<\/p>\n<h2>A company car in your SL&#8217;s name is not 100 % deductible<\/h2>\n<p>Ownership is only the starting point. What matters to the Tax Agency is what the company car is used for. If it serves the company&#8217;s business and also the private life of whoever drives it, the law doesn&#8217;t treat it as an asset used exclusively for the business, and that limits what can be deducted.<\/p>\n<p>That&#8217;s why, before buying, renting or leasing a company car, it&#8217;s worth being clear about how it will be used and how that use can be proven. It&#8217;s one of the most common questions among self-employed people and SMEs in M\u00e1laga who have just <a href=\"https:\/\/tecemabogados.com\/en\/sole-trader-to-sl\/\">made the jump from self-employed to an SL<\/a>.<\/p>\n<h2>Company car VAT: the 50 % presumption<\/h2>\n<p>Article 95 of the <a href=\"https:\/\/www.boe.es\/buscar\/act.php?id=BOE-A-1992-28740\" rel=\"dofollow noopener\" target=\"_blank\">VAT Act 37\/1992<\/a> states that passenger cars (as well as mopeds, motorcycles and off-road vehicles) are presumed to be 50 % used for business. In practice, with a passenger car as a company car, the usual approach is to deduct half of the input VAT on its purchase, rental or assignment of use.<\/p>\n<p>That presumption is not a fixed ceiling. The law allows you to deduct more if a higher degree of business use is proven, by any means of evidence admissible in law. However, it makes clear that filing the return or having the vehicle recorded in the accounts is not enough: actual use has to be demonstrated.<\/p>\n<p>And it works both ways. If actual use turns out to be different from the percentage applied at the start, the deduction must be adjusted.<\/p>\n<h2>When a company car is presumed 100 % business use<\/h2>\n<p>The same law lists cases in which the presumption rises to 100 %. These are vehicles:<\/p>\n<ul>\n<li>Mixed-use vehicles used to transport goods.<\/li>\n<li>Used for passenger transport services in exchange for payment.<\/li>\n<li>Used for training drivers or pilots in exchange for payment.<\/li>\n<li>Used by their manufacturers for tests, trials, demonstrations or sales promotion.<\/li>\n<li>Used for the business travel of sales representatives or commercial agents.<\/li>\n<li>Used for security services.<\/li>\n<\/ul>\n<p>If your company car fits one of these cases, the starting point changes completely. If it doesn&#8217;t, the general 50 % rule applies and anything you want to deduct above that you will have to prove.<\/p>\n<h2>Corporate Income Tax: the expense must be linked and justified<\/h2>\n<p>In Corporate Income Tax there is no fixed percentage as there is with VAT. Company car expenses can be deductible if the vehicle is linked to the company&#8217;s business, and this is where the general requirements the Tax Agency sets for any expense come in:<\/p>\n<ul>\n<li>It must be related to the company&#8217;s business activity.<\/li>\n<li>It must be recorded in the accounts.<\/li>\n<li>It must be correctly allocated to the corresponding financial year.<\/li>\n<li>It must be backed by supporting documents.<\/li>\n<\/ul>\n<p>The key is being able to justify it if the Tax Agency asks. A company car with no clear connection to what the company does is a hard expense to defend. If you want to see how this fits into the rest of your business&#8217;s taxation, we go over it in our article on <a href=\"https:\/\/tecemabogados.com\/en\/derecho-fiscal-empresas-malaga-2026-2\/\">tax law for businesses<\/a>.<\/p>\n<h2>Personal use: payment in kind in personal income tax (IRPF)<\/h2>\n<p>If an employee or a partner also uses the company car for personal purposes, that use is payment in kind. The IRPF Act considers the free use of assets for private purposes, or their use at a price below market value, to be income in kind, even if it involves no actual expense for whoever provides them.<\/p>\n<p>That payment in kind must appear on the payslip and is taxed in the IRPF of whoever enjoys the company car. To value it, article 43 of the law starts from 20 % per year of the acquisition cost to the company, including taxes. If the vehicle is not owned by the company, that percentage is applied to the market value it would have if it were new.<\/p>\n<p>Efficient vehicles have an advantage: that valuation can be reduced by up to 30 %, under the terms and conditions set by the regulations. How much is attributed in each specific case is worth reviewing carefully, because a mistake carries over payslip after payslip.<\/p>\n<h2>Recommendations before having a company car in your SL<\/h2>\n<ul>\n<li>Define what the vehicle will be used for and who will drive it.<\/li>\n<li>Keep evidence of business use if you are going to deduct more than 50 % of the VAT.<\/li>\n<li>Check whether your case fits any of the 100 % cases.<\/li>\n<li>Record and document every company car expense.<\/li>\n<li>If there is personal use, show it on the payslip as payment in kind.<\/li>\n<\/ul>\n<div style=\"text-align:center;margin:40px 0\">\n<a href=\"https:\/\/tecemabogados.com\/en\/contact\/\" style=\"display:inline-block;background:#123a5c;color:#ffffff;padding:14px 32px;border-radius:6px;font-weight:700;text-decoration:none;margin:6px 10px\">We review your SL&#8217;s car \u2192<\/a><br \/>\n<a href=\"https:\/\/maps.app.goo.gl\/Non1GwXpEeYK9sqc9\" rel=\"dofollow noopener\" style=\"display:inline-block;background:#a07d52;color:#ffffff;padding:14px 32px;border-radius:6px;font-weight:700;text-decoration:none;margin:6px 10px\">How to get to our office \u2192<\/a>\n<\/div>\n<h2>Frequently asked questions<\/h2>\n<h3>Does the 50 % VAT presumption also apply to motorbikes?<\/h3>\n<p>Yes. The VAT Act rule refers to passenger cars and their trailers, mopeds and motorcycles, and also includes off-road vehicles.<\/p>\n<h3>Is having the vehicle in the accounts enough to deduct more VAT?<\/h3>\n<p>No. The law expressly states that recording the asset in the accounts or official registers is not sufficient proof of the degree of business use. It has to be proven by other means.<\/p>\n<h3>What happens if actual use changes after deducting?<\/h3>\n<p>The deduction applied at the start must be adjusted when it is proven that the actual degree of business use differs from the one applied.<\/p>\n<h3>What if the vehicle is leased and not owned by the company?<\/h3>\n<p>To value the payment in kind, the 20 % is then applied to the market value the vehicle would have if it were new, not to its acquisition cost.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Having the car in the SL&#8217;s name does not make its whole cost deductible. VAT at 50 %, exceptions at 100 %, Corporate Income Tax expense and payment in kind in IRPF.<\/p>\n","protected":false},"author":0,"featured_media":3575,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":"","rank_math_title":"Company car 2026: essential tax rules for your SL","rank_math_description":"A company car is not 100 % deductible. We explain VAT at 50 %, its exceptions, the Corporate Income Tax expense and payment in kind in personal income tax.","rank_math_canonical_url":"","rank_math_focus_keyword":"company car"},"categories":[57],"tags":[303,145,145,306,304,305,288],"class_list":["post-3577","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias","tag-coche-de-empresa","tag-impuesto-sobre-sociedades","tag-irpf","tag-iva","tag-retribucion-en-especie","tag-sociedad-limitada"],"acf":[],"_links":{"self":[{"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/posts\/3577","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/comments?post=3577"}],"version-history":[{"count":1,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/posts\/3577\/revisions"}],"predecessor-version":[{"id":3578,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/posts\/3577\/revisions\/3578"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/media\/3575"}],"wp:attachment":[{"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/media?parent=3577"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/categories?post=3577"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/tags?post=3577"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}