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V1628-16 14 April 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · subrogación empresarial

Business subrogation does not imply multiple payers for IRPF filing thresholds

A query was raised regarding whether business subrogation during the year constitutes having two payers for the purpose of determining IRPF filing obligations. The DGT ruled that the new employer maintains the status of the same employer, meaning it is considered a single payer.

The question raised

For the purpose of determining the obligation to file a tax return for the 2015 period, an inquiry is made regarding the existence of one or two payers as a consequence of business subrogation.

The DGT's ruling

In cases of business subrogation, the transferee maintains the status of the same employer for the purpose of determining the applicable withholding rate. Therefore, there is no existence of more than one payer for the purposes of the obligation to file a tax return. The threshold for not being required to file a tax return shall be 22,000 euros per annum, provided that the income is not subject to a fixed rate.

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