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V2846-19 15 October 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · retención

Changes to income tax (IRPF) withholding rates only permitted under RIRPF provisions

A taxpayer inquired whether a 45% withholding rate applied to their benefits following early retirement was correct. The DGT ruled that changes to withholding rates may only be implemented for reasons of regularisation or upon the taxpayer's request, as established by the regulations.

The question raised

Question posed: Compliance with the obligation to perform withholding on the remuneration paid.

The DGT's ruling

The modification of the withholding rate is only permissible in the cases provided for in Articles 87 and 88.5 of the RIRPF. Article 87 regulates regularization due to variations in remuneration or personal circumstances, whereas Article 88.5 allows the taxpayer to request higher rates in writing. If undue withholdings have been incurred, the interested party may request their refund through the rectification of the self-assessment, provided that it has not already been deducted.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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