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V1199-22 ·27 May 2022 ·consulta-vinculante Medium impact
Tax

Back pay for overtime must be attributed to the year it was due, not the year it is received

A civil servant enquired whether overtime back pay received in 2021 for services rendered in 2018, 2019, and 2020 should be taxed in 2021. The DGT ruled that these payments must be attributed to the years in which the services were performed, as they were due during those periods.

In 6 key points

How it affects those involved

This ruling clarifies the timing of tax liability for back pay, ensuring that income is reported in the tax year it was earned and due, rather than when the cash is actually received.

Lifecycle

2022-05-27PublishedPublished 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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