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V0161-24 19 February 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · mutualidades de previsión social

Excess contributions to social welfare schemes may be reduced over five tax years

A taxpayer inquired about reducing contributions made to social welfare mutual funds in previous years and whether their spouse could do so. The Directorate General for Taxes (DGT) ruled that excess contributions may be offset over the following five tax years if they resulted from insufficient base or percentage limits; however, a spouse cannot apply these pending excesses.

The question raised

Possibility and method of reducing pending excesses in the Personal Income Tax (IRPF) base for the 2022 tax year and future tax years. Possibility of reducing pending excesses in the spouse's Personal Income Tax (IRPF).

The DGT's ruling

Participants may reduce, in the following five tax years, the amounts contributed to social security systems that could not be reduced due to insufficient tax base or due to the application of the percentage limit set forth in Article 52.1 of the Personal Income Tax Law (LIRPF). Excesses exceeding the maximum contribution limits provided by law may not be reduced. Regarding the spouse, the reduction for contributions made by them is only possible in the tax year in which the contributions are made, provided the requirements are met, with no possibility of carrying forward excesses from previous years.

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