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V1963-18 2 July 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Salaries received in 2017 due to company insolvency must be attributed to the period they became due

A worker received €4,000 in owed wages following the liquidation of a company in insolvency proceedings. The Directorate General for Taxes (DGT) has ruled that these earnings must be attributed to the period in which they were due, rather than the moment they were actually collected.

The question raised

Question posed: Taxation in the Personal Income Tax (IRPF) of the aforementioned salaries.

The DGT's ruling

When, due to justified circumstances not attributable to the taxpayer, income from employment is received in periods different from those in which it is due, it shall be imputed to the latter. The taxpayer must file a supplementary self-assessment without penalty, late payment interest, or surcharge. Said self-assessment must be submitted within the period between the date of receipt and the end of the immediately following declaration period.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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