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V0920-21 14 April 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Back pay for professional career progression is attributed to the period it becomes due and may qualify for a 30% reduction

A civil servant enquires about the taxation of back pay for a professional career progression supplement received in 2020 for previous years. The DGT determines that these payments must be attributed to the period in which they become due and analyses the application of the reduction for irregular income.

The question raised

Question raised: Taxation of the aforementioned arrears in Personal Income Tax (IRPF).

The DGT's ruling

Arrears are attributed to the tax period in which they become due, as determined by the administrative resolution of recognition. If they are attributed to periods prior to their receipt, a supplementary tax return must be filed. The 30% reduction is applicable if the generation period exceeds two years and no other similar reductions have been applied in the previous five periods. The statute of limitations for previous years does not apply due to the rules of temporal attribution.

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