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A query was raised regarding whether the surcharge on economic benefits for workplace accidents resulting from a lack of safety measures is subject to Personal Income Tax (IRPF). The Directorate General of Taxes (DGT) ruled that this concept constitutes personal employment income.
Cuestión planteada Tratamiento fiscal que, a efectos del Impuesto sobre la Renta de las Personas Físicas, debe darse al indicado recargo.
El recargo de las prestaciones económicas por accidente de trabajo o enfermedad profesional se considera rendimiento del trabajo personal sujeto al IRPF y a su sistema de retenciones. No es aplicable la exención de indemnizaciones por responsabilidad civil, ya que se trata de un recargo sobre prestaciones. El criterio se fundamenta en el artículo 17 de la Ley 35/2006.
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