He Supreme Court has recognized the error committed by the Tax Agency (AEAT)which led thousands of retirees to contribute more to personal income tax. This ruling, the result of several legal actions led by workers in the banking sector, is applicable to all affected mutual members. Now, The Treasury must return the amounts improperly collectedunder a fractional procedure, so it will no longer be charged at once.
Until now, those affected could submit a single application that allowed Receive reimbursement for all non-prescribed exercises in a single payment. However, as stated on the Treasury website, applications submitted and not resolved before December 22, 2024 will be void. From now on, refunds must be requested annually, year after year, during the deadlines for submitting the personal income tax return.
This right to a refund in personal income tax has its origin in an administrative error that affected retirees who contributed to labor mutual societies before the creation of Social Security in the 1960s. During this period, mutual members continued to contribute to sectoral or business mutual societies, but The transitional provision of the Personal Income Tax Law was not correctly applied to them.which gave them the right to deduct these contributions.
He Supreme Court determined in ruling 707/2023 that these contributions should be deductible, recognizing that many mutual members overpaid their personal income tax during the fiscal years of 1967 and 1968. The ruling affects some five million mutual members in different sectors, such as construction, fishing, shipyards and banking. Now, the Treasury is obliged to compensate for these excesses, but the new procedure establishes that the returns are managed in a fractional manner.
Return request
Starting in 2025, personal income tax returns must be managed annually using the forms that the Tax Agency will enable in the Electronic Headquarters, specifically through the Renta Web application. These forms will be available during the voluntary period for filing the personal income tax return. The established calendar is as follows:
- 2025: Refunds corresponding to the 2019 fiscal year and previous periods that have not expired may be requested.
- 2026: Refunds related to personal income tax for the 2020 financial year will be available.
- 2027: Claims will exclusively cover the 2021 fiscal year.
- 2028: It will be possible to manage returns corresponding to the 2022 financial year.
Mutual members must access the Electronic Office during the voluntary personal income tax period and complete the form corresponding. It will be necessary to use an electronic identification method, such as Cl@ve PIN, digital certificate, electronic DNI or the reference number of the previous year’s declaration. Although it will not be necessary to provide additional documentation, unless required by the Treasury, mutual members will be able to check the status of their applications at the Electronic Office.
Although the new procedure introduces some delay, mutual members can rest assured. Requests prior to December 22 have broken the statute of limitations, ensuring that returns remain valid. Furthermore, if the Treasury fails to comply with the deadlines, those affected may claim late payment interest.
For the year 2024, late payment interest is calculated at 4.0625% annually, applying from the date the rectification request was submitted. This calculation will be proportional to the time elapsed if the return is made in less than 12 months.
Treasury justifies this procedure
As explained by the Treasury on its website, This new procedure does not stop returnsbut organizes them in a more regulated way. Scheduling allows accounting allocations to be managed in a more predictable manner at the national level and guarantees a more orderly process.
However, the change has generated some unrest among those affected, according to Rubén Gimeno, director of the Studies Service of the Registry of Tax Advisory Economists (REAF). Gimeno explained that the new system eliminates the possibility of receiving all refunds at once, which has generated uncertainty among taxpayers.