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V1670-16 ·18 April 2016 ·consulta-vinculante Medium impact
Tax

Employers cannot deduct uncollected IRPF withholdings from employee wages

An employee inquired whether their company could deduct amounts from current payslips corresponding to IRPF withholdings that were not correctly applied in the past. The DGT ruled that, under tax regulations, the withholding agent is prohibited from deducting these amounts from the employee's income.

In 6 key points

How it affects those involved

This ruling protects employees from retroactive deductions for previous tax withholding errors made by the employer, placing the financial responsibility for such errors on the withholding agent.

Lifecycle

2016-04-18PublishedPublished 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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