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V1111-17 10 May 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · gastos deducibles

Legal defense expenses against the employer are deductible with an annual limit of 300 euros

A civil servant asks whether the costs of a contentious-administrative lawsuit against their administration can be deducted as employment expenses. The DGT responds that they are deductible under the concept of legal defense subject to a specific limit.

The question raised

Question posed: Possibility of considering said amount as a deductible expense from employment income.

The DGT's ruling

Legal defense expenses arising directly from litigation with the person from whom income is received are deductible. These expenses are subject to an annual limit of 300 euros, which is applied jointly with other legal defense expenses that may arise.

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