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V3363-20 ·16 November 2020 ·consulta-vinculante Medium impact
Tax

Compensatory pensions must be declared in the year they become due, even if paid later

A taxpayer inquired whether compensatory pensions should be declared in the year they are due or in the year they are actually paid by the Court. The DGT ruled that they must be attributed to the year they become due, allowing for a supplementary tax return without penalties if the payment is delayed due to reasons not attributable to the taxpayer.

In 5 key points

How it affects those involved

This ruling clarifies the timing of tax reporting for compensatory pensions, ensuring that taxpayers must report income based on when it becomes legally due rather than when cash is received, while providing relief from penalties for administrative delays.

Lifecycle

2020-11-16PublishedPublished 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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