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V1788-22 ·27 July 2022 ·consulta-vinculante Medium impact
Tax

Arrears in temporary disability benefits from previous years are subject to 15% withholding and excluded from the withholding rate base

A worker sought clarification on the tax treatment of temporary disability (IT) benefit arrears from 2021, paid in 2022 following an INSS resolution. The DGT clarifies that these amounts constitute arrears attributed to the previous tax year and must be subject to a specific withholding rate.

In 6 key points

How it affects those involved

This ruling provides legal certainty for taxpayers receiving backdated social security benefits, ensuring they are taxed under the correct regime for arrears rather than being aggregated with current income, which could otherwise lead to an inflated withholding rate.

Lifecycle

2022-07-27PublishedPublished 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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