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V0369-16 1 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · subrogación empresarial

Single payer status maintained for tax filing thresholds in business transfers

A query was raised regarding whether a worker subject to business transfer (subrogation) has one or two payers for determining tax filing obligations. The DGT ruled that, in such cases, the new employer retains the status of the same employer for Income Tax (IRPF) purposes.

The question raised

For the purpose of determining the obligation to file for the 2015 period, an inquiry is made regarding the existence of one or two payers as a consequence of business subrogation.

The DGT's ruling

In cases of business subrogation, the assignee maintains the status of the same employer for the purpose of determining the applicable withholding rate. Therefore, there is no existence of more than one payer for the purposes of the obligation to file a tax return. The threshold for not filing shall be 22,000 euros per annum, provided that the income is not subject to a fixed withholding rate.

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