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V1166-24 23 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Arrears in gender gap supplements must be attributed to the relevant years via supplementary tax returns

A taxpayer inquired about how to declare arrears for the paternity supplement (gender gap) received since 2020. The DGT ruled that, as this is a pension supplement, it must be attributed to the years in which it was due through supplementary tax returns.

The question raised

Question posed: Temporal attribution in the IRPF.

The DGT's ruling

The maternity or gender gap supplement is income from employment due in each pension period. When arrears are received in a period different from that in which they were due due to causes not attributable to the taxpayer, the special rule of Article 14.2.b) of the LIRPF applies. This implies attributing the amounts to the corresponding tax periods through supplementary tax returns, without penalties or late payment interest.

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