Form 345: when to report employer pension plan contributions

The management of benefits in kind requires strict technical precision, especially regarding pension plans. A recent binding ruling from the Dirección General de Tributos (DGT) has clarified the exact moment when contributions made by the company must be reported in Form 345.

What the DGT has ruled

The issue raised focused on whether employer contributions integrated into the December payroll of a fiscal year, but whose actual disbursement takes place in the following year, should be included in Form 345 for the fiscal year in which they are imputed to the employee.

The DGT has determined that employer contributions constitute a benefit in kind. This occurs at the moment the contributions are incorporated into the employee's assets. Consequently, Form 345 must include the contributions and contributions imputed to the participant in the preceding calendar year. Therefore, the information must be integrated into Form 345 for the tax period to which the imputation of said contribution corresponds, regardless of the date of the actual disbursement.

What this means for you

For companies, this criterion establishes a clear distinction between cash flow and the accrual of remuneration. Compliance with the reporting obligation does not depend on the timing of the payment, but on the moment the contribution is considered part of the employee's income.

For the employee, this implies that the benefit in kind for pension plans will affect the imputation of employment income in the fiscal year in which such a right is recognized, which has a direct impact on their Personal Income Tax (IRPF) taxable base.

What should be done

It is necessary to ensure that payroll and tax reporting systems are aligned with the imputation criterion. Companies must verify that Form 345 faithfully reflects contributions according to the fiscal year in which they are integrated into the employee's remuneration. Since each situation may present specificities, it is recommended to evaluate the management of these items with a specialist to avoid discrepancies in the information presented to the Administration.