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An employee asks whether they can deduct incorrect withholdings from their IRPF return. The DGT confirms that, as these are not public sector remuneration, the amount that should have been withheld can be deducted if the error is the employer's fault.
Cuestión planteada Posibilidad de deducirse en la declaración del IRPF-2025 las retenciones procedentes.
Según el artículo 99.5 de la Ley 35/2006, cuando la retención no se haya practicado o sea inferior a la debida por causa imputable al retenedor, el perceptor deducirá de la cuota la cantidad que debió ser retenida. Este criterio se aplica siempre que no se trate de retribuciones legalmente establecidas satisfechas por el sector público.
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