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A query was raised regarding when back pay must be taxed following a ruling of unfair dismissal. The Directorate General for Taxes (DGT) has ruled that such amounts must be attributed to the tax period in which the judicial resolution becomes final.
Cuestión planteada Se pregunta respecto de la imputación temporal de los salarios de tramitación antes expuestos.
Los salarios de tramitación son rendimientos del trabajo. Cuando la percepción de una renta esté pendiente de resolución judicial, los importes se imputarán al periodo impositivo en que la sentencia adquiera firmeza. Si el cobro se realiza en un ejercicio distinto al de la firmeza por circunstancias no imputables al contribuyente, se debe presentar autoliquidación complementaria sin sanción ni intereses.
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