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A taxpayer inquired about the tax treatment of the repayment of unemployment benefits received erroneously. The Directorate General for Taxes (DGT) ruled that, as these do not constitute real income, they must be excluded from the tax returns in which they were originally included.
Cuestión planteada Tributación en el IRPF de la devolución de las prestaciones por desempleo.
Las prestaciones por desempleo cobradas indebidamente no constituyen renta, por lo que no se produce el hecho imponible. Los importes percibidos en su día deben excluirse de la declaración del impuesto en la que se incluyeron. Para regularizar la situación, el contribuyente puede instar la rectificación de las autoliquidaciones según el artículo 120.3 de la Ley General Tributaria.
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