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V1132-25 27 June 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pagadores

TGSS and INSS are considered separate payers due to their legal personality

The consultant asks whether TGSS and INSS count as a single payer for IRPF declaration obligations. The DGT responds that, as both are legal entities, they constitute two separate payers.

The question raised

For the purposes of determining the obligation to file the IRPF-2024 tax return, an inquiry is made regarding the existence of one or two payers.

The DGT's ruling

To determine the existence of one or more payers, one must refer to the legal personality of the paying body or entity. In the case of Public Administrations, a distinction is made between the General State Administration, the Autonomous Communities, the Local Administration, and the entities with their own legal personality linked to them. As the TGSS and the INSS each possess their own legal personality, they behave as two distinct payers for income from employment.

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