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V2274-17 8 September 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital mobiliario

No retention of IRPF required for interest paid to private individuals without economic activity

The DGT confirms that retention of IRPF depends on the payer's status, not the recipient's.

The question raised

Given that the lender is a pensioner receiving a minimum pension, it is asked whether it is necessary to perform the corresponding IRPF withholding for the payment of interest, and whether Form 123 must be submitted.

The DGT's ruling

If the interest payer is a natural person who does not carry out an economic activity, they are not required to perform withholding or to submit Form 123. Conversely, if the payer is an entity subject to withholding pursuant to Article 76.1 of the RIRPF, they must perform the withholding and submit Form 123. The status of the interest recipient as a pensioner does not alter this obligation of the payer.

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