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V0964-24 6 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Arrears in maternity supplements must be attributed to the period when they were due via supplementary tax returns

A taxpayer received in 2022 maternity supplement arrears relating to their retirement pension dating back to 2017. The DGT has ruled that these amounts constitute employment income and must be taxed in the years to which they correspond.

The question raised

Question posed: Taxation in the Personal Income Tax (IRPF) of the amount received.

The DGT's ruling

The maternity supplement is earned income that must be attributed to the tax period in which it became due. When received in a period different from that of its due date due to circumstances not attributable to the taxpayer, the special rule of Article 14.2.b) of the Personal Income Tax Law (LIRPF) applies. This requires the filing of supplementary tax returns for previous years without penalties or late payment interest.

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