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A taxpayer inquired about the taxation of the repayment of compensatory pensions from 2019 and 2020, as ordered by a court ruling. The DGT responded that the repayment of amounts received unduly must affect the tax settlements of the years in which they were included as employment income.
Cuestión planteada Incidencia de la devolución de la pensión compensatoria en la tributación del IRPF.
La devolución de pensiones compensatorias por cobro indebido no tiene incidencia en el ejercicio en que se dicta la sentencia ni en el de la devolución efectiva. La incidencia debe tener lugar en las liquidaciones de los ejercicios en que la pensión se incluyó como rendimiento íntegro del trabajo. En este caso, la regularización debe hacerse rectificando la autoliquidación del periodo impositivo 2019.
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