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V2239-23 27 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Unused vacation due to disability must be taxed in the year the retirement occurred

A taxpayer received a payment in 2022 for unused vacation from 2019 due to temporary disability. The DGT determines that the amount must be attributed to the 2019 fiscal year, the year of retirement, and not to the year of receipt.

The question raised

Question raised: Taxation under Personal Income Tax (IRPF).

The DGT's ruling

Economic compensation for unused vacation is considered income from employment. Its temporal attribution must be made in the period in which it becomes due, which in this case is the year of retirement upon termination of the employment relationship. As it is received in a different period, the special rule of Article 14.2.b) of the Personal Income Tax Law applies, allowing for a supplementary tax return to be filed without penalties or interest.

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