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V3360-14 ·22 December 2014 ·consulta-vinculante Medium impact
Tax

Employment income paid by FOGASA must be attributed to the tax year in which it was due

A worker who did not receive their wages or severance pay in 2013 due to their company's insolvency asks when they should declare this income following payment by FOGASA. The DGT rules that they must file a supplementary tax return for the 2013 tax year without incurring penalties.

In 6 key points

How it affects those involved

This ruling clarifies the tax timing for workers receiving unpaid wages through the Guarantee Fund for Wage Claims (FOGASA), ensuring income is taxed in the year it was originally earned rather than when it was recovered.

Lifecycle

2014-12-22PublishedPublished 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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