How the DGT's position has evolved
Current position
Social Security contributions, including the Special Agreement (Convenio Especial), the Intergenerational Equity Mechanism, and the additional solidarity contribution, are deductible expenses from gross employment income. Their temporal allocation is made in the period in which they become due, according to the chosen payment system. Likewise, legal fees for legal defense are deductible up to a limit of 300 euros per year.
The DGT maintains the deductibility of Social Security contributions, extending its scope to new concepts such as the Special Agreement and solidarity contributions. The position has been clarified regarding temporal allocation based on the exigibility of payment. Finally, the deductibility of legal defense expenses with specific limits has been incorporated.
Turning points
-
Establishes that contributions to the Special Agreement with Social Security are deductible by equating the worker's situation to being registered in the General Regime.
-
Includes the Intergenerational Equity Mechanism and the additional solidarity contribution as tax-deductible expenses due to their mandatory nature.
-
Introduces the deductibility of legal professional fees for legal defense from income, with a limit of 300 euros per year.
Analysis based on 40 of 41 rulings with a stated position. Updated 16 September 2026.