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V0965-24 6 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Maternity allowance must be attributed to the tax period in which it became due via supplementary tax returns

A retiree inquired about the taxation of maternity allowance received in 2022 as retroactive payments dating back to 2019. The DGT ruled that, as these constitute income from employment, they must be attributed to the corresponding years through supplementary tax returns.

The question raised

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

The DGT's ruling

The maternity supplement has the nature of income from employment as it is ancillary to the pension. Since it is received in a period different from that of its exigibility due to causes not attributable to the taxpayer, the special rule of Article 14.2.b) of the Personal Income Tax Law applies. This implies attributing the amounts to the corresponding tax periods through the filing of supplementary tax returns without penalties or interest.

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