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V3253-14 3 December 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

40% reduction not applicable to extra payments settled via subsequent agreement

A taxpayer inquired whether the 40% reduction could be applied to amounts corresponding to a 2012 extraordinary payment, which was paid in 2015 following a union agreement. The DGT ruled that it is not applicable because the period of generation does not exceed two years.

The question raised

Question posed: Application of the 40% reduction provided for in Article 18 of the Personal Income Tax Law.

The DGT's ruling

The amount of the suppressed payment must be attributed to the 2015 tax period, when its enforceability arises due to the payment agreement. The 40% reduction provided for in Article 18.2 of the LIRPF is not applicable, as the right to receipt is generated by the agreement itself; therefore, there is no generation period exceeding two years, nor does it constitute notoriously irregular income.

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