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A query was raised regarding whether a deduction made by a company in a worker's final settlement, due to failure to provide notice of resignation, should be subject to Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that these amounts do not constitute income for the worker.
Cuestión planteada Incidencia de dicho descuento efectuado por la empresa en la declaración del Impuesto sobre la Renta de las Personas Físicas.
Las cantidades no entregadas al trabajador por falta de preaviso no constituyen una obtención de renta a efectos del IRPF. La cuantía devengada como rendimiento del trabajo equivale exclusivamente al importe de la liquidación efectivamente abonado, ya que el importe deducido no era exigible al trabajador al momento de la liquidación.
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