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A female worker enquired whether she was entitled to the €1,200 maternity tax deduction in 2015 after being reinstated by court order. The Tax Agency ruled that to calculate the deduction limit, social security contributions accrued from unpaid salaries during that period must be included.
Cuestión planteada Si dicha trabajadora tiene derecho a la deducción de 1.200 euros por maternidad, para el ejercicio fiscal de 2015.
La deducción por maternidad se aplica proporcionalmente a los meses en que se cumplen los requisitos de actividad y alta en la Seguridad Social. Para determinar el importe en un periodo impositivo, se deben computar las cotizaciones y cuotas totales devengadas, incluyendo aquellas correspondientes a los salarios dejados de percibir. El límite de la deducción será la totalidad de dichas cotizaciones devengadas con posterioridad al nacimiento.
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