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V0514-16 9 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · subrogación empresarial

Business subrogation does not imply the existence of more than one payer for the threshold of the obligation to file a tax return

A query is made as to whether a worker subject to business subrogation has one or two payers to determine their obligation to file an IRPF tax return. The DGT responds that, in these cases, the new employer maintains the status of the same employer.

The question raised

For the purpose of determining the obligation to file a tax return 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 transferee 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 threshold for the obligation to file a tax return. The threshold for not being obliged to file a tax return shall be 22,000 euros per year for income from employment.

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