Skip to content
Back to index
V0591-26 12 March 2026 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · plan de pensiones de empleo

'Plus of social security' deemed worker contribution for IRPF reduction limits

The DGT determines that the 'social security supplement' in an employment pension plan is considered a worker contribution because it can be suspended and replaced by voluntary contributions, thus affecting the calculation of the IRPF reduction limits under Article 52.1 of the LIRPF.

The question raised

Question raised: Interpretation of Article 52.1.b) of the Personal Income Tax Law, in relation to workers enrolled in the occupational pension plan. Specifically, whether the amount of the 'social foresight premium' is considered an employer contribution or, conversely, a worker contribution to the occupational pension plan.

The DGT's ruling

The 'social foresight premium' is considered a worker contribution for the purposes of calculating the limits provided for in Article 52.1 and the sixteenth additional provision of the Personal Income Tax Law (LIRPF). However, its classification remains unchanged for other purposes, with employer contributions retaining their nature as benefits in kind. Furthermore, these contributions are not subject to the obligation of withholding tax according to the Personal Income Tax Regulations.

Apply this to a real case

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

Email
Contact