How the DGT's position has evolved
Current position
Income from employment derived from court rulings is attributed to the period in which the resolution becomes final. In these cases, a withholding tax rate of 15% must be applied to the full amount of the back pay. The withholding applied must be attributed to the same period in which the income is attributed, regardless of the timing of the payment.
The DGT's position on withholding tax is heterogeneous due to the diversity of income types analyzed. A consolidation is observed in the treatment of judicial back pay, where the application of the 15% rate is required and the temporal attribution of the withholding must coincide with the exigibility of the income.
Turning points
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Establishes that for back pay salaries, a withholding tax rate of 15% is applied to the full amount as they are income from previous years.
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Determines that the withholding must be attributed to the same period in which the income is attributed, regardless of when the payment is made.
Analysis based on 25 of 26 rulings with a stated position. Updated 23 July 2026.