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V2034-22 21 September 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pagador

Business succession does not imply the existence of more than one payer for the obligation to file an IRPF tax return

A query is made as to whether moving from one company to another within the same business group constitutes having more than one payer for IRPF purposes. The DGT responds that, if business succession occurs, the new entity maintains the status of the same payer.

The question raised

Question posed: An inquiry is made regarding the existence of more than one payer for the purpose of determining the obligation to file an IRPF tax return.

The DGT's ruling

If business succession occurs pursuant to the Workers' Statute, the transferee company maintains the status of the same payer. In this case, there is no existence of more than one payer for the purpose of determining the threshold for the obligation to file a return for income from employment. The tax liability for withholdings extends to the successor due to the succession in the ownership of the activity.

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