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An interim civil servant has filed a legal claim for unpaid salary supplements. The Directorate General of Taxes (DGT) has ruled that this income must be attributed to the tax year in which the court judgment becomes final, and that the 30% reduction does not apply because the period of generation is less than two years.
Cuestión planteada Aplicación de la reducción del articulo 18.2 de la Ley 35/2006.
Los rendimientos del trabajo pendientes de resolución judicial deben imputarse al período impositivo en que la resolución adquiera firmeza. La reducción del 30% por período de generación superior a dos años no es aplicable si el intervalo temporal entre el inicio y el fin de los rendimientos no supera los dos años. En este caso, el periodo comprendido entre julio de 2019 y mayo de 2021 no alcanza dicho plazo.
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