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V0036-21 15 January 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · retenciones

A withholding tax exceeding 35 percent cannot be applied to directors' remuneration

It is inquired whether it is possible to apply a withholding tax rate greater than 35 percent to directors. The DGT responds that the rates of 35 or 19 percent are fixed for this status.

The question raised

Question posed: Possibility of applying a withholding tax exceeding 35 per 100 to directors' remuneration.

The DGT's ruling

The withholding tax rates for directors (35% or 19% depending on turnover) operate as fixed rates. The possibility of requesting a higher withholding tax rate only applies when the withholding is determined through the general procedure under Articles 82 et seq. of the Personal Income Tax Regulations.

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