How the DGT's position has evolved
Current position
The obligation to apply withholding tax on account of IRPF (Personal Income Tax) or IRNR (Non-Resident Income Tax) depends on the nature of the income and the status of the payer. For income from employment through activities in Spain, the company must apply the corresponding withholding. Interest for late payment of salaries is compensatory in nature and is not subject to withholding.
The DGT's position is heterogeneous because the rulings address different factual scenarios without a single doctrinal line. A technical application of the regulations is observed according to the classification of the income, as in the case of interest for late payment or attendance in court. There is no evolution from one criterion to another, but rather an application of specific rules for each case.
Turning points
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Establishes that interest for late payment in the payment of salaries constitutes capital gains and not income subject to withholding.
Analysis based on 34 of 37 rulings with a stated position. Updated 16 September 2026.