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V0878-18 3 April 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · imputación temporal

Refund of excess social security contributions must be recognised as income in the period the right is established

A company sought clarification on which financial year it should record the refund of excess contributions for workplace accidents agreed in 2016. The Directorate General for Taxes (DGT) ruled that it must be recognised as income in the period in which the right to said refund is established.

The question raised

In Corporate Tax, to which fiscal years must the refund of the excess contributions paid between October 2011 and September 2015, the refund of which is agreed in the year 2016, be imputed.

The DGT's ruling

As there is no specific rule in the LIS for the refund of contributions accounted for as an expense, accounting regulations must be applied. The refund of amounts that were deductible expenses must be imputed as income in the Corporate Tax taxable base of the tax period in which the right to their refund is recognized.

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