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V2029-16 ·11 May 2016 ·consulta-vinculante Medium impact
Tax

SMI non-seizability limit applies in full even if salary is proportional to time worked

A query was raised regarding whether the non-seizability limit based on the national minimum wage (SMI) should be applied proportionally to the days worked in a month or in full. The Directorate-General for Labour (DGT) ruled that the monthly SMI must be applied in its entirety to determine the non-seizable portion of monthly earnings.

In 6 key points

How it affects those involved

This ruling ensures that employees with part-time or irregular schedules benefit from the full protection of the SMI non-seizability threshold, preventing creditors from seizing a larger proportion of their earnings due to pro-rata calculations.

Lifecycle

2016-05-11PublishedPublished 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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