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V0916-21 14 April 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Delays over three-year periods are charged in the period when the administrative decision makes them due

A public official asks in which fiscal year to declare three-year delays recognised after an administrative decision. The DGT responds that exigibility arises with the decision and that a reduction for irregularity may apply.

The question raised

Question raised: Temporal attribution in Personal Income Tax of the aforementioned back pay.

The DGT's ruling

Income from employment is attributed to the tax period in which it becomes due for the recipient, which occurs with the administrative resolution recognizing the right. As it covers a generation period exceeding two years, the 30% reduction provided for in Article 18.2 of the Personal Income Tax Law applies, provided that similar reductions have not been applied in the previous five periods.

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

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