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V2242-23 27 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Salary differences must be imputed to the tax periods to which they correspond

A worker received salary difference payments in 2022 corresponding to periods from 2018 to 2022 following a judicial ruling. The DGT determines that this income must be taxed in each year to which it belongs and not in the year of receipt.

The question raised

Question posed: Temporal imputation of salary differences paid in 2022.

The DGT's ruling

Remuneration differences must be imputed to the tax periods to which they correspond (2018, 2019, 2020, 2021, and 2022) because their enforceability has occurred over time. For arrears attributable to years prior to receipt, the special rule of Article 14.2.b) of the LIRPF applies, requiring the filing of supplementary tax returns without penalties or late payment interest.

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