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V0465-25 25 March 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · clases pasivas

No retroactive refund of IRPF withholdings on passive pension after aggravation

The consultant asks whether they can recover IRPF withholdings from the last five years after proving absolute incapacity that exempts their passive pension. The DGT responds that the exemption only takes effect from the month following the pension increase application.

The question raised

Question posed: Whether it is possible to request a retroactive refund of the withholdings applied in the last 5 years regarding the pension received, taking into account that, in this case, the accident that prompted the retirement in 2011 occurred in 2007, in view of the provisions of Supreme Court ruling 129/2023 dated January 31, 2023.

The DGT's ruling

The IRPF exemption for Clases Pasivas pensions due to absolute disability takes effect from the first day of the month following the submission of the application that prompts the resolution of the increase. Therefore, retroactive refund of withholdings applied in the five years prior to the recognition of the aggravation is not possible.

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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