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V0498-21 ·5 March 2021 ·consulta-vinculante Medium impact
Tax

Back pay from unfair dismissal rulings is attributed to the tax year in which the judgment becomes final

A taxpayer inquired about the taxation of back pay following a dismissal declared null and void, and its impact on maternity tax credits. The Directorate General for Taxes (DGT) ruled that such wages are attributed to the year in which the judgment becomes final, and that maternity credits must be calculated by including the social security contributions related to the unpaid wages.

In 6 key points

How it affects those involved

This ruling clarifies the timing for reporting back pay from legal disputes and ensures that maternity tax credits correctly account for social security contributions on those amounts.

Lifecycle

2021-03-05PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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