The Supreme Court put an end to the legal debate. various conflicting judicial and administrative decisions among themselves and in its final decision dated February 28, 2023, the bank has established a precedent criterion in line with the interests of retirees. explains it like this daniel Smooth, lawyer Zaragoza law firm Constitución Abogados, is the person who processes the claims regarding this matter. “WHO Started working before 1979they only need to set aside 75% of their pension as income on the income statement,” the lawyer explained.
statement Spain opens its doors to thousands of retirees They can correct their Income Tax returns (IRPF) for unforeseen years – generally since 2018 – and request a refund of the unfairly paid amount from the Tax Office.
Labor Mutual
The foundation of this new paradigm is Contributions provided by the employees of different banking institutionsThey were attached to the Mutualidad Laboral de la Banca until January 1, 1979. It is integrated into the SSI system. “Mutual contributions were not deductible as an expense in personal income tax for those years, so its fruits cannot be counted as income “Otherwise, there may be double taxation,” warns Sandra Domingo, tax consultant at Constitución Abogados.
The same regulations apply to Telefónica retirees, Temporary provision 2 of the Personal Income Tax Code. Attorney Daniel Liso explains that “interested parties should apply to the Tax Office for excess contributions in terms of personal income tax in previous years,” and warns: “Fiscal year 2018 is close to prescribing”.
The amount that retirees can get refunded from the Tax Office varies depending on the situation. Being able to request a few exercises is important. Experts at the firm Constitución Abogados, which has been formulating the allegations for weeks, are encouraging those affected to take advantage of the punishment.
The Tax Office is currently reviewing the penalty and its scope. There is still no estimate of how many retirees are among those affected by this claim. This situation, which It took four years to solve it in court, It began in Extremadura, where the Supreme Court of Justice of this autonomous community ordered the return of sums improperly collected by the Treasury from bank pensioners. The Supreme Court examined the objection made by the Office of the Chief Public Prosecutor against the sentence in question and rejected.