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V1693-23 ·13 June 2023 ·consulta-vinculante Medium impact
Tax

Workplace accident surcharge non-deductible for Corporation Tax as it constitutes a penalty

A company has enquired whether amounts claimed by the Social Security administration following a workplace accident are tax-deductible. The Directorate General for Taxes (DGT) has ruled that the surcharge imposed for failure to implement safety measures is a non-deductible administrative penalty, whereas disability benefits are deductible.

In 6 key points

How it affects those involved

Companies must distinguish between deductible social security benefits and non-deductible administrative penalties/surcharges when calculating their taxable base for Corporation Tax.

Lifecycle

2023-06-13PublishedPublished 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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