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V2209-14 7 August 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · retenciones

Divorcees must notify payers of changes in family status to adjust income tax withholdings

A taxpayer has inquired about their obligations regarding income tax (IRPF) withholdings following a divorce. The Directorate General for Tax (DGT) has clarified that this change in personal and family circumstances must be communicated to the payer to ensure the correct withholding rate is applied.

The question raised

Question posed: To determine the obligations arising for the applicant regarding withholdings on account of Personal Income Tax as a consequence of the referred divorce judicial sentence.

The DGT's ruling

The taxpayer must notify the payer of any changes in their personal and family situation that result in a lower withholding rate. This notification shall take effect from the date it is made, provided that at least five days remain before the preparation of the corresponding payroll. A change in situation due to divorce is a variation that modifies the withholding obligation limit.

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