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V0014-22 4 January 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · retención

The 2% minimum withholding rate does not apply to workers with permanent seasonal contracts

A query is made regarding whether workers with permanent seasonal contracts must be subject to a minimum withholding rate of 2%. The DGT responds that, as it constitutes a permanent and indefinite employment relationship, said minimum rate does not apply.

The question raised

Question posed: Type of withholding rate applicable: operability of the 2% minimum rate established in Article 86.2 of the IRPF Regulations.

The DGT's ruling

The 2% minimum rate only applies to contracts or relationships with a duration of less than one year. In the case of permanent seasonal workers, as there is a relationship of a permanent and indefinite nature, the general withholding calculation procedure must be applied. Therefore, the quantitative exclusion limit of the obligation to withhold remains operative.

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