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V2163-21 ·29 July 2021 ·consulta-vinculante Medium impact
Tax

Taxpayers may deduct withholdings that should have been applied upon written request

An employee requested their company to apply a higher withholding rate on their severance pay than what was legally required, but the company failed to do so. The Directorate General for Taxes (DGT) has ruled that, provided legal requirements are met, the taxpayer may deduct the amounts that should have been withheld in their tax return.

In 6 key points

How it affects those involved

This ruling clarifies the taxpayer's right to correct withholding errors through their annual tax return when a specific request was made to the payer.

Lifecycle

2021-07-29PublishedPublished 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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