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V0820-23 10 April 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

The supplement for the reduction of the gender gap is taxed as employment income

The applicant asks whether the maternity supplement (now the supplement for the reduction of the gender gap) received retroactively is exempt from taxation. The DGT responds that this supplement has the nature of a contributory public pension and must be taxed.

The question raised

Question posed: Whether said supplement is exempt from taxation by virtue of Article 7.h) of the LIRPF, or conversely, whether it is subject to withholding.

The DGT's ruling

The contributory pension supplement for the reduction of the gender gap has the legal nature of a contributory public pension. Therefore, both the retirement pension and said supplement have the tax classification of employment income. Consequently, both are subject to taxation and the withholding system, without the exemption provided in Article 7.h) of the LIRPF being applicable.

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