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V1840-22 2 August 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

The 30% reduction on back pay is not applicable if the generation period does not exceed two years

A query is made as to whether back pay from 2018 received in 2021 may benefit from the 30% reduction provided in Article 18.2 of the LIRPF. The DGT responds that it is not applicable because there is no generation period exceeding two years.

The question raised

Question posed: Whether the 30 percent reduction provided for in Article 18.2 of the LIRPF is applicable to back pay from 2018 received in 2021.

The DGT's ruling

The 30% reduction requires that the earnings have a generation period exceeding two years or are notoriously irregular. In this case, as it concerns back pay from a single year (2018), the requirement of a generation period exceeding two years is not met. They also do not fall within the cases of notoriously irregular acquisition regulated in the IRPF Regulations.

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