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V0339-25 18 March 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Salaries owed by court rulings charged to the year when the decision becomes final

A company asks how to tax salary arrears recognised by a judicial ruling. The DGT responds that these amounts must be charged to the year when the ruling becomes final, not the payment date.

The question raised

Question raised: Clarification on how to proceed in the calculation of Personal Income Tax on the employee's payroll.

The DGT's ruling

Income from employment pending judicial resolution is imputed to the tax period in which the resolution becomes final. In this case, the differences must be taxed in the 2023 fiscal year. The obligation to withhold arises upon payment of the income, applying a withholding rate of 15% as they constitute arrears from previous fiscal years.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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