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A query was raised regarding whether the 2% minimum withholding rate applies to temporary contracts or indefinite contracts lasting less than twelve months. The DGT ruled that this minimum rate only applies to fixed-term contracts with a duration of less than one year.
Cuestión planteada Operatividad del tipo mínimo de retención del 2 por 100, establecido en el artículo 86.2 del Reglamento del IRPF.
El tipo mínimo del 2% del artículo 86.2 del Reglamento del IRPF es aplicable a contratos de duración determinada inferior al año. No es aplicable a contratos de duración indefinida, aunque estos se celebren a mitad de año o se extingan antes de cumplir doce meses.
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