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An employee asks whether they can deduct in their personal income tax return the withholdings that their company failed to apply correctly. The DGT rules that, as it is a private company, the employee may deduct the amount that should have been withheld, provided the error is the fault of the withholder.
Cuestión planteada Posibildad de deducirse en la declaración del IRPF-2018 las retenciones procedentes.
El perceptor de rentas puede deducir de la cuota la cantidad que debió ser retenida cuando la retención no se practicó o fue inferior a la debida por causa imputable al retenedor. Esta posibilidad no aplica a retribuciones legalmente establecidas satisfechas por el sector público, donde solo se deducen las cantidades efectivamente retenidas.
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