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V2922-20 ·29 September 2020 ·consulta-vinculante Medium impact
Tax

Income tax withholding required for salary or severance payments, but not for FOGASA reimbursements

A company in liquidation has requested clarification on whether it must withhold income tax (IRPF) when paying salaries and when reimbursing amounts to FOGASA. The Directorate General for Taxes (DGT) has ruled that withholding is mandatory when paying employment income, but not when making the reimbursement to the Fund.

In 6 key points

How it affects those involved

This ruling clarifies the tax obligations for companies in liquidation or insolvency proceedings, distinguishing between payments to employees and repayments to the Wage Guarantee Fund.

Lifecycle

2020-09-29PublishedPublished 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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