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V1868-23 28 June 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Judicially recognized pension arrears allow for the application of the 30 percent reduction

A retiree asks how arrears for a maternity supplement recognized by judicial sentence are taxed. The Tax Agency determines that they must be imputed to the year in which the sentence becomes final and that the 30 percent reduction may be applied as the generation period exceeds two years.

The question raised

Question posed: Taxation of the arrears received from said supplement.

The DGT's ruling

Social Security pension arrears recognized by judicial sentence must be imputed to the tax period in which the resolution becomes final. Although pensions do not usually qualify for the reduction under Article 18.2 of the LIRPF, when arrears are received via judicial sentence covering more than two years, said 30 percent reduction is applicable.

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