17 December 2024

Flexible compensation in income tax returns

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La flexible compensation has positioned itself as a win-win solution: a model that not only improves the well-being of workers, but also offers tangible fiscal advantages. 

However, the impact of such a system on the Income Tax Return What items are exempt and how and where are they declared? Let's take a look at how flexible compensation works from a tax perspective, addressing the main questions and practical advice on how to optimise their use and comply with tax obligations. 

Table of contents

What are the IRPF and the Tax Return?

The Income Tax It is a direct tribute that taxes the income earned by individuals in a tax year within the territory where they reside. This tax is mandatory for most citizens and aims to finance essential public services such as education, healthcare, infrastructure, and social security, making it a key element in sustaining the welfare state.  

The progressivity of Income Tax means that people with higher incomes contribute a higher percentage, which ensures a more equitable distribution of the tax burden. Furthermore, the IRPF allows statutory deductions to be applied which can reduce the taxable base, such as those related to flexible remuneration, investments or pension plans. 

The tax return is an annual procedure by which Taxpayers inform the Tax Agency about their income, deductible expenses, and other tax circumstances that occurred during the fiscal year. 

This process allows for the calculation of whether the withholdings made throughout the year match the actual amount of personal income tax that needs to be paid, determining if the taxpayer owes an additional amount or if, conversely, they are entitled to a refund. The declaration is not only a legal requirement but also a tool for to adjust the tax burden according to the personal and economic circumstances of each citizen. 

 

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How does flexible remuneration fare in the tax return?

One of the key aspects of flexible remuneration is understanding how does it affect IRPF and how are these earnings reflected in the annual tax return.  

It is important to note that amounts for exempted services, such as restaurant ticket, transport ticket or Nursery vouchers, are not considered part of the gross salary subject to taxation, provided that the limits established by law are respected. 

In practical terms, No further action is required on the Tax Return, as the Income from Employment box automatically excludes non-taxable benefits that have been applied monthly on the payslip as part of Flexible Remuneration.  

Therefore, it is fundamental that companies correctly apply exemptions when calculating their employees' payroll. Otherwise, there may be inconsistencies when submitting the Tax return

Legal aspects and the Flexible Remuneration Act

The law Law 35/2006 of 28 November y ehe Royal Decree 439/2007, of 30 March 2007 they regulate flexible remuneration and establish the conditions and limits for these tax benefits to be applicable. Among the most relevant requirements are: 

  • Voluntary natureParticipation in flexible remuneration schemes must be the employee's decision, and the company cannot impose their implementation.  
  • Legal limitsEach benefit has a maximum limit to be considered exempt. In general, The money allocated to Flexible Remuneration cannot exceed 30% of the employee's gross salary.  

How much can be saved on income tax thanks to flexible remuneration?

Thanks to the use of a Flexible remuneration, employees can save significantly on their tax return.  

For example, Maria, who lives far from her place of work and spends €1,980 per year on meals, could benefit from Ticket Restaurant within their flexible remuneration.  

Without this system, the €396 corresponding to 20%% of income tax would be deducted from your available salary, leaving you with €1,584. However, by opting for flexible remuneration, this expense is exempt from income tax, allowing you to enjoy the full €1,980., increasing their annual disposable income by 396 euros.  

 Without flexible remunerationWith flexible remuneration
20 meals per month x 11 months£1,980.00£1,980.00
PERSONAL INCOME TAX (20%)£396.00EXEMPT
Salary available1,584.00€£1,980.00
INCREASE IN DISPOSABLE WAGES PER ANNUM £396.00

What tax advantages does flexible remuneration offer on your tax return?

The tax advantages of flexible remuneration are significant. By reducing the taxable base for income tax, the employee can pay less tax and increase his or her purchasing power.  

On the other hand, companies also benefit by Implement flexible remuneration plans, because help retain talent and improve team engagement without increasing salary costs. 

If you want to know more about flexible remuneration, download our e-book

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